Money Claim Of Plaintiff For $2,000.00 Filed By Chiu, Lingney Dba Grand Food,. Inc. As To Defendant Signorelli, Thomas Aaron Order Setting Trial Issued For Aug-21-2012 At 10:00 Am In Dept 506
Page 1 en
_SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-13-2012 12:09 pm
Case Number: CSM-12-Filing Date: Jul-13-2012 12:Filed by. ROBERT WOODS
Juke Box: 001 Image: CLAIM OF PLAINTIFF
LINGNEY CHIU VS. THOMAS AARON SIGNORELLI
001 C
Instructions:
Please place this sheet on top of the document to be scanned.Page 2 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed.
eam! to Go to Small Claims Court I L. E D
——_— asd SSCS
Notice to the person being sued: Sap Francisco County Superior Court
+ You are the Defendant if your name is listed in @ on page 2 of this
form. The person suing you is the Plaintiff, listed in 1) on page 2. dUL 1 3
do not go to court, you may lose the case.
» You and the Plaintiff must go to court on the trial date listed below. If you Peahe COURT
* If you lose, the court can order that your wages, money, or property be _) Deputy Clerk
taken to pay this claim.
+ Bring witnesses, receipts, and any evidence you need to prove your case. Fill in court name and street address:
+ Read this form and all pages attached to understand the claim against Superior Court of California, County of
you and to protect your rights.
Aviso al Demandado:
* Usted es el Demandado si su nombre figura en@® de la pagina de este formulario. La persona que lo demarida es el Demandante, la que
figura en de la pagina 2. ; Clerk fills in case number and case name:
+ Usted y el Demandante tienen que presentarse en Ja corte en la fecha del eset "0 = 8 4 1 3 ] i
juicio indicada a continuacién. Si no se presenta, puede perder el caso. Cage Name:
* Si pierde el caso la corte podria ordenar que le quiten de su sueldo, dinero u iw VS: Gi ave valle
otres bienes para pagar este reclamo.
+ Lieve testigos, recibos y cualquier otra prueba que necesite para probar su caso.
Lea este formulario y todas las paginas adjuntas para entender la demanda en su contra y para proteger sus derechos.
Order to Go to Court
The people in @ and @ must go to court: (Clerk fills out section below.)
Trial | Date Tim \ Department Name and addregs pf court if different from above
or JAS 21 202 op OG ots loa
3. spk 828 2 OBER TOONS
Date: Clerk, by ; Deputy
Instructions stions for the pers the person suing:
* ‘You are the Plaintiff. The person you are suing is the Defendant.
+ Before you fill out this form, read Form SC-100-INFO, Jnformation for the Plaintiff; to know your rights. Get
SC-100-INFO at any courthouse or county law library, or go to: www.courts.ca.gov/smalliclaims/forms.
+ Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make 1 copy for each party named in
this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay
the filing fee. The clerk will write the date of your trial in the box above.
» You must have someone at least 18—not you or anyone else listed in this case—give each Defendant a court-stamped
copy of all 5 pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or
delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B,
and SC-104C.
» Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.
Judidal Council of Califomia, www.eourts.ca.gav Plaintiff's Claim and ORDER $C-100, Page 1 of Code of OM Procecure 88 116110 eee, to Go to Small Claims Court >
416.220{c), 116.340(9) {Small Claims)Page 3 ~)
Case Number:
CSM-"12 -
Plaintiff (list names):
(4) The Plaintiff (the person, business, or public entity that is suing) is:
Name: Lingney Chiu DBA Grand Food, Inc.
Phone: (510) 782-
Sroet City State Zip
Mailing address (if different): Sea Ciy ” State Zip
If more than one Plaintiff, list next Plaintiff here:
Name: Phone: ( )
Street address: Shear City State Zip
Mailing address (if different) City State Zip
L) Check here if more than 2 > Plaintf and atiach Form SC-100A.
C] Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103.
(2) The Defendant (the person, business, or public entity being sued) is:
Phone: (310 ) 746-
Name: Thomas Aaron Signorelli _-
Street address: 1$5 Pron t St. ; Sus yre 29a Danville CA City State Zip
Mailing address (if different): 1244 Gerhear a Ch Danville CA Street City State Zip
lf more than one Defendant, list next Defendant here:
Name: Phone: ( )
Street address:
City State Zip
Mailing address (if different):
Street City State Zip
{] Check here if more than 2 Defendants and attach Form SC-1004A.
C) Check here if any Defendant is on active military duty, and write his or her name here:
(3) The Plaintiff claims the Defendant owes $ 2,000.00 . (Explain below):
a. Why does the Defendant owe the Plaintiff money? Nn October 2010, Thomas Aaron Signorelli was tring
to find a line of credit for Grand Food's business and ask for a $2,000 deposit. In December
2010, Grand Food, Inc. seeing no need to use his service and ask for refund of the $2,000.
b. When did this happen? (Date): October
If no specific date, give the time period: Date started:
Through:
c. How did you calculate the money owed to you? (Do not include court costs or fees for service.) Lingney Chiu
issued a $2,000 check to Thomas Aaron Signorelli on 10/19/2010.
L] Check here if you need more space. Attach one sheet of paper or Form MC-031 and write “SC-100, Item 3” at
the top.
Revised January 1,
SC-100, Page 2 of
Plaintiff's Claim and ORDER S
to Go to Smail Claims Court
(Small Claims)Page 4 | | CST -94 1 3 Plaintiff (list names):
(4) You must ask the Defendant (in person, in writing, or by phone) to pay you before you
sue. Have you done this? [] Yes [1 No
ifno, explain why not:
(6) Why are you filing your claim at this courthouse?
This courthouse covers the area (check the one that applies):
a. (1) Where the Defendant lives or does business. (4) Where a contract (written or spoken) was made,
(2) Where the Plaintiff's property was damaged. signed, performed, or broken by the Defendant or
(3) Where the Plaintiff was injured. where the Defendant lived or did business when
the Defendant made the contract.
b. [] Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim
is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ.
Proc., § 395(b).)
c. L1 Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about
a retail installment contract (like a credit card). (Civil Code, § 1812.10.)
d. C] Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle
is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.)
e. [] Other (specify):
(6) List the zip code of the place checked in (5) above (if you know):.
(7) Is your claim about an attorney-client fee dispute? L] Yes ¥] No
if yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here: {
Are you suing a public entity? [J Yes [MZ] No
If yes, you must file a written claim with the entity first. (J A claim was filed on (date):
If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.
(9) Have you filed more than 12 other small claims within the last 12 months in California?
[]Yes ¥] No If yes, the filing fee for this case will be higher. |
| understand that by fiting a claim in small claims court, | have no right to appeal this claim.
(14) I have not filed, and understand that | cannot file, more than two smali claims cases for more than $2,500 in
California during this calendar year.
1 declare, under penalty of perjury under California State law, that the information above and on any attachments to
this form is true and correct. \
Date: 7/13/2012 _Lingney Chiu ae sot
CTF Y
Plaintiff types or prints name here 'OnS herg
Second Plaintiff types or prints name here Second Plaintiff signs here
: Requests for Accommodations
Assistive listening systems, computer-assisted, real-time captioning, or sign language interpreter
services are available if you ask at least 5 days before the trial. Contact the clerk’s office for Form
MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civil Code, § 54.8.)
Revised January 7, 2012 Plaintiff's Claim and ORDER $C-100, Page 3 of to Go to Smali Claims Court >
{Small Claims)Page 5 a,
™
BSE information for the Defendant (the person being sued)
“Small claims court” is a special court where claims
for $5,000 or less are decided. A “natural person” (not a
business or public entity) may generally claim up to
$10,000, including a sole proprietor. (*See below for
exceptions.) The process is quick and cheap. The rules are
simple and informal.
You are the Defendant—the person being sued. The
person who is suing you is the Plaintiff.
Do | need a lawyer?
You may talk to a lawyer before or after the case. But you
may not have a lawyer represent you in court (unless this
is an appeal from 2 small claims case).
How do I get ready for court?
You don’t have to file any papers before your trial, unless
you think this is the wrong court for your case. But bring
to your trial any witnesses, receipts, and evidence that
supports your case. And read “Be Prepared for Your
Trial” at www.courts.ca.gow/smaliclaims/prepare.
What if 1 need an accommodation?
if you have a disability or are hearing impaired, fill out
Form MC-410, Request for Accommodations. Give the
form to your court clerk or the ADA/Access Coordinator.
What if | don’t speak English well?
Bring an adult who is not a witness to interpret for you, or
ask the court clerk for an interpreter at least five days before
your court date. A court-provided interpreter may not be
available or there may be a fee for using a court interpreter
unless you qualify for a fee waiver. You may ask the court
for a list of interpreters and also the Application for Waiver *
of Court Fees and Costs (form FW-001).
Where can iI get the court forms I need?
,Go to any courthouse or your county law library, or print
forms at: www.ceurts.ca.gov/smaliclaims/forms.
What happens at the trial?
The judge wiil listen to both sides. The judge may make a
decision at your trial or mail the decision to you later.
What if | lose the case?
If you lose, you can appeal. You'll have to pay a fee.
(Plaintiffs cannot appeal their own claims.)
If you were at the trial, file Form SC-140, Notice of
Appeal, You must file within 30 days after the
judge’s decision.
If you were nor at the trial, fill out and file Form
SC-135, Notice of Motion to Vacate Judgment and
Declaration, to ask the judge to cancel the judgment
(decision). If the judge does not give you a new
trial, you have 10 days to appeal the decision. File
Form SC-140.
For more information on appeals, see:
www. couris.ca.gov/smaliclaims/appeals.
®
Do | have options?
Yes. If you are being sued, you can:
Settle your case before the trial. If you and the
Plaintiff agree on how to settle the case, both of you must
notify the court. Ask the Small Claims Advisor for help.
Prove this is the wrong court. Send a letter to the
court before your trial, explaining why you think this is
the wrong court. Ask the court to dismiss the claim.
You must serve (give) a copy of your letter (by mail or
in person) to all parties. (Your letter to the court must
say you have done this.)
Go to the trial and try to win your case. Bring
witnesses, receipts, and any evidence you need to
prove your case. To make sure the witnesses go to the
trial, fill out Form SC-107, and the clerk will subpoena
(order) them to go.
Sue the person who is suing you. File Form
SC-120, Defendant's Claim. There are strict filing
deadlines you must follow.
Agree with the Plaintiff's claim and pay the
money. Or, if you can’t pay the money now, go to
your trial and say you want to make payments.
Let the case “default.” [f you don’t settle and do not
go to the trial (default), the judge may give the Plaintiff
what he or she is asking for plus court costs. If this
happens, the Plaintiff can legally take your money,
wages, and property to pay the judgment.
What if | need more time?
You can change the trial date if:
You cannot go to court on the scheduled date (you will
have to pay a fee to postpone the trial} or
You did not get served (receive this order to go to
court) at least 15 days before the trial (or 20 days if you
live outside the county} oer
You need more time to get an interpreter. One
postponement is allowed, and you will not have to pay
a fee to delay the trial.
Ask the Small Claims Clerk about the rules and fees for
postponing a trial. Or fill out Form SC-150 (or write a
letter) and mail it to the court and to ali other people listed
on your court papers before the deadline, Enclose a check
for your court fees, unless a fee waiver was granted.
Need help?
Your county’s Small Claims Advisor can help for free.
CSM-"72 -841377 |
|
Or go to www.courts.ca. gov/smaliclaims/advisor.
*Exceptions: Different Timits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc. § 116.220(c).} In an action brought by a natural person for
damages for bodily injuries resulting from an automobile accident, a $7,500 limit applies if a defendant is covered by an automobile insurance policy that includes a duty
to defend. (See Code Civ. Proc. § 116.221.)
Revised January 1,
Plaintiff's Claim and ORDER to Go to Small Claims Court
(Smail Claims}
S$C-100, Page 4 of ="Page 6 ae
~
Tom! Informacion para el demandado (!a persona demandada
CSM~ "12 -
0 vea “Informacién por condado’ en:
www. courts. ca. gov/reclamosmenores/asesores.
*Excepciones: Existen diferentes limites en un reclamo contra un garante. (Vea ei
Cédigo de Procedimiento Civil, seccién 116.220 (c).) En un caso presentado por
una persona natural por dafios debido a lesiones fisicas en un accidenta
automovilistico, existe un limite de $7,500 si ef demandado tiene cobertura bajo una
polita de seguro de vehiculo que incluye la obligacién de defender. (Vea el Cddigo
de Procedimiento Civil, seccién 116.221.)
Revised January 7. 2012 Reclamo del Demandante y ORDEN SC-100, Page 5 of
Para Ir a la Corte de Reclamos Menores
(Reclamos Menores)} -
PDF Page 1
PlainSite Cover Page
PDF Page 2
en
_SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-13-2012 12:09 pm
Case Number: CSM-12-841317
Filing Date: Jul-13-2012 12:03
Filed by. ROBERT WOODS
Juke Box: 001 Image: 03685809
CLAIM OF PLAINTIFF
LINGNEY CHIU VS. THOMAS AARON SIGNORELLI
001 C03685809
Instructions:
Please place this sheet on top of the document to be scanned.
PDF Page 3
Plaintiff's Claim and ORDER Clerk stamps date here when form is filed.
eam! to Go to Small Claims Court I L. E D
——_— asd SSCS
Notice to the person being sued: Sap Francisco County Superior Court
+ You are the Defendant if your name is listed in @ on page 2 of this
form. The person suing you is the Plaintiff, listed in 1) on page 2. dUL 1 3 2012
do not go to court, you may lose the case.
» You and the Plaintiff must go to court on the trial date listed below. If you Peahe COURT
* If you lose, the court can order that your wages, money, or property be _) Deputy Clerk
taken to pay this claim.
+ Bring witnesses, receipts, and any evidence you need to prove your case. Fill in court name and street address:
+ Read this form and all pages attached to understand the claim against Superior Court of California, County of
you and to protect your rights.
Aviso al Demandado:
* Usted es el Demandado si su nombre figura en@® de la pagina 2
de este formulario. La persona que lo demarida es el Demandante, la que
figura en de la pagina 2. ; Clerk fills in case number and case name:
+ Usted y el Demandante tienen que presentarse en Ja corte en la fecha del eset "0 = 8 4 1 3 ] i
juicio indicada a continuacién. Si no se presenta, puede perder el caso. Cage Name:
* Si pierde el caso la corte podria ordenar que le quiten de su sueldo, dinero u iw VS: Gi ave valle
otres bienes para pagar este reclamo.
+ Lieve testigos, recibos y cualquier otra prueba que necesite para probar su caso.
Lea este formulario y todas las paginas adjuntas para entender la demanda en su contra y para proteger sus derechos.
Order to Go to Court
The people in @ and @ must go to court: (Clerk fills out section below.)
Trial | Date Tim \ Department Name and addregs pf court if different from above
or JAS 21 202 op OG ots loa
3. spk 828 2 OBER TOONS
Date: Clerk, by ; Deputy
Instructions stions for the pers the person suing:
* ‘You are the Plaintiff. The person you are suing is the Defendant.
+ Before you fill out this form, read Form SC-100-INFO, Jnformation for the Plaintiff; to know your rights. Get
SC-100-INFO at any courthouse or county law library, or go to: www.courts.ca.gov/smalliclaims/forms.
+ Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make 1 copy for each party named in
this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay
the filing fee. The clerk will write the date of your trial in the box above.
» You must have someone at least 18—not you or anyone else listed in this case—give each Defendant a court-stamped
copy of all 5 pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or
delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B,
and SC-104C.
» Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.
Judidal Council of Califomia, www.eourts.ca.gav Plaintiff's Claim and ORDER $C-100, Page 1 of 5
Code of OM Procecure 88 116110 eee, to Go to Small Claims Court >
416.220{c), 116.340(9) {Small Claims)
PDF Page 4
~)
Case Number:
CSM-"12 -841317
Plaintiff (list names):
(4) The Plaintiff (the person, business, or public entity that is suing) is:
Name: Lingney Chiu DBA Grand Food, Inc.
Phone: (510) 782-3999
Sroet City State Zip
Mailing address (if different): Sea Ciy ” State Zip
If more than one Plaintiff, list next Plaintiff here:
Name: Phone: ( )
Street address: Shear City State Zip
Mailing address (if different) City State Zip
L) Check here if more than 2 > Plaintf and atiach Form SC-100A.
C] Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103.
(2) The Defendant (the person, business, or public entity being sued) is:
Phone: (310 ) 746-6639
Name: Thomas Aaron Signorelli _-
Street address: 1$5 Pron t St. ; Sus yre 29a Danville CA 94526
City State Zip
Mailing address (if different): 1244 Gerhear a Ch Danville CA 94586
Street City State Zip
lf more than one Defendant, list next Defendant here:
Name: Phone: ( )
Street address:
City State Zip
Mailing address (if different):
Street City State Zip
{] Check here if more than 2 Defendants and attach Form SC-1004A.
C) Check here if any Defendant is on active military duty, and write his or her name here:
(3) The Plaintiff claims the Defendant owes $ 2,000.00 . (Explain below):
a. Why does the Defendant owe the Plaintiff money? Nn October 2010, Thomas Aaron Signorelli was tring
to find a line of credit for Grand Food's business and ask for a $2,000 deposit. In December
2010, Grand Food, Inc. seeing no need to use his service and ask for refund of the $2,000.
b. When did this happen? (Date): October 2010
If no specific date, give the time period: Date started:
Through:
c. How did you calculate the money owed to you? (Do not include court costs or fees for service.) Lingney Chiu
issued a $2,000 check to Thomas Aaron Signorelli on 10/19/2010.
L] Check here if you need more space. Attach one sheet of paper or Form MC-031 and write “SC-100, Item 3” at
the top.
Revised January 1, 2012
SC-100, Page 2 of 5
Plaintiff's Claim and ORDER S
to Go to Smail Claims Court
(Small Claims)
PDF Page 5
| | CST -94 1 3 1
Plaintiff (list names):
(4) You must ask the Defendant (in person, in writing, or by phone) to pay you before you
sue. Have you done this? [] Yes [1 No
ifno, explain why not:
7
(6) Why are you filing your claim at this courthouse?
This courthouse covers the area (check the one that applies):
a. (1) Where the Defendant lives or does business. (4) Where a contract (written or spoken) was made,
(2) Where the Plaintiff's property was damaged. signed, performed, or broken by the Defendant or
(3) Where the Plaintiff was injured. where the Defendant lived or did business when
the Defendant made the contract.
b. [] Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim
is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ.
Proc., § 395(b).)
c. L1 Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about
a retail installment contract (like a credit card). (Civil Code, § 1812.10.)
d. C] Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle
is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.)
e. [] Other (specify):
(6) List the zip code of the place checked in (5) above (if you know):.94124
(7) Is your claim about an attorney-client fee dispute? L] Yes ¥] No
if yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here: {1
Are you suing a public entity? [J Yes [MZ] No
If yes, you must file a written claim with the entity first. (J A claim was filed on (date):
If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.
(9) Have you filed more than 12 other small claims within the last 12 months in California?
[]Yes ¥] No If yes, the filing fee for this case will be higher. |
| understand that by fiting a claim in small claims court, | have no right to appeal this claim.
(14) I have not filed, and understand that | cannot file, more than two smali claims cases for more than $2,500 in
California during this calendar year.
1 declare, under penalty of perjury under California State law, that the information above and on any attachments to
this form is true and correct. \
Date: 7/13/2012 _Lingney Chiu ae sot
CTF Y
Plaintiff types or prints name here 'OnS herg
Second Plaintiff types or prints name here Second Plaintiff signs here
: Requests for Accommodations
Assistive listening systems, computer-assisted, real-time captioning, or sign language interpreter
services are available if you ask at least 5 days before the trial. Contact the clerk’s office for Form
MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civil Code, § 54.8.)
Revised January 7, 2012 Plaintiff's Claim and ORDER $C-100, Page 3 of 5
to Go to Smali Claims Court >
{Small Claims)
PDF Page 6
a,
™
BSE information for the Defendant (the person being sued)
“Small claims court” is a special court where claims
for $5,000 or less are decided. A “natural person” (not a
business or public entity) may generally claim up to
$10,000, including a sole proprietor. (*See below for
exceptions.) The process is quick and cheap. The rules are
simple and informal.
You are the Defendant—the person being sued. The
person who is suing you is the Plaintiff.
Do | need a lawyer?
You may talk to a lawyer before or after the case. But you
may not have a lawyer represent you in court (unless this
is an appeal from 2 small claims case).
How do I get ready for court?
You don’t have to file any papers before your trial, unless
you think this is the wrong court for your case. But bring
to your trial any witnesses, receipts, and evidence that
supports your case. And read “Be Prepared for Your
Trial” at www.courts.ca.gow/smaliclaims/prepare.
What if 1 need an accommodation?
if you have a disability or are hearing impaired, fill out
Form MC-410, Request for Accommodations. Give the
form to your court clerk or the ADA/Access Coordinator.
What if | don’t speak English well?
Bring an adult who is not a witness to interpret for you, or
ask the court clerk for an interpreter at least five days before
your court date. A court-provided interpreter may not be
available or there may be a fee for using a court interpreter
unless you qualify for a fee waiver. You may ask the court
for a list of interpreters and also the Application for Waiver *
of Court Fees and Costs (form FW-001).
Where can iI get the court forms I need?
,Go to any courthouse or your county law library, or print
forms at: www.ceurts.ca.gov/smaliclaims/forms.
What happens at the trial?
The judge wiil listen to both sides. The judge may make a
decision at your trial or mail the decision to you later.
What if | lose the case?
If you lose, you can appeal. You'll have to pay a fee.
(Plaintiffs cannot appeal their own claims.)
If you were at the trial, file Form SC-140, Notice of
Appeal, You must file within 30 days after the
judge’s decision.
If you were nor at the trial, fill out and file Form
SC-135, Notice of Motion to Vacate Judgment and
Declaration, to ask the judge to cancel the judgment
(decision). If the judge does not give you a new
trial, you have 10 days to appeal the decision. File
Form SC-140.
For more information on appeals, see:
www. couris.ca.gov/smaliclaims/appeals.
®
Do | have options?
Yes. If you are being sued, you can:
Settle your case before the trial. If you and the
Plaintiff agree on how to settle the case, both of you must
notify the court. Ask the Small Claims Advisor for help.
Prove this is the wrong court. Send a letter to the
court before your trial, explaining why you think this is
the wrong court. Ask the court to dismiss the claim.
You must serve (give) a copy of your letter (by mail or
in person) to all parties. (Your letter to the court must
say you have done this.)
Go to the trial and try to win your case. Bring
witnesses, receipts, and any evidence you need to
prove your case. To make sure the witnesses go to the
trial, fill out Form SC-107, and the clerk will subpoena
(order) them to go.
Sue the person who is suing you. File Form
SC-120, Defendant's Claim. There are strict filing
deadlines you must follow.
Agree with the Plaintiff's claim and pay the
money. Or, if you can’t pay the money now, go to
your trial and say you want to make payments.
Let the case “default.” [f you don’t settle and do not
go to the trial (default), the judge may give the Plaintiff
what he or she is asking for plus court costs. If this
happens, the Plaintiff can legally take your money,
wages, and property to pay the judgment.
What if | need more time?
You can change the trial date if:
You cannot go to court on the scheduled date (you will
have to pay a fee to postpone the trial} or
You did not get served (receive this order to go to
court) at least 15 days before the trial (or 20 days if you
live outside the county} oer
You need more time to get an interpreter. One
postponement is allowed, and you will not have to pay
a fee to delay the trial.
Ask the Small Claims Clerk about the rules and fees for
postponing a trial. Or fill out Form SC-150 (or write a
letter) and mail it to the court and to ali other people listed
on your court papers before the deadline, Enclose a check
for your court fees, unless a fee waiver was granted.
Need help?
Your county’s Small Claims Advisor can help for free.
CSM-"72 -841377 |
|
Or go to www.courts.ca. gov/smaliclaims/advisor.
*Exceptions: Different Timits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc. § 116.220(c).} In an action brought by a natural person for
damages for bodily injuries resulting from an automobile accident, a $7,500 limit applies if a defendant is covered by an automobile insurance policy that includes a duty
to defend. (See Code Civ. Proc. § 116.221.)
Revised January 1, 2012
Plaintiff's Claim and ORDER to Go to Small Claims Court
(Smail Claims}
S$C-100, Page 4 of 5
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