WHERE SHOULD I FILE MY
SMALL CLAIMS CASE?
1. Should I file my small claims case
in Los Angeles County or in another County?
You may file your small claim in
Los Angeles County only if the claim arose in Los Angeles County. Los Angeles Superior Court Local Rule 2.3
explains how to make that determination and identifies the statutes that
apply: Code of Civil Procedure Sections
392-395, 760.050, 872.110; and Civil Code Sections 1812.10 and 2984.4.
It is up to you to study these
statutes and Rule 2.3 in order to determine whether your case arose in Los
Angeles County. As a convenience, some
of the law contained in these statues is described very generally below.
Disputes over Ownership or Possession of Property
Disputes involving ownership or
possession of real or personal property generally arise in the county where the
property is located or where the defendants, or any of them, reside. See Code of Civil Procedure Sections 392,
760.050, 872.110.
Contract Disputes
Contract disputes generally arise
in the county where the buyer, in fact, signed the contract or purchase order,
where the buyer resided at the time the contract or purchase order was entered
into or where the buyer resides at the commencement of the action. See Civil Code Sections 1984.4, 1812.10.
Injuries to Persons or Property
Actions seeking damages for injuries
to a person or to personal property generally arise in the county where the
injury occurs or the county where the defendants, or some of them, reside at
the commencement of the action. See Code
of Civil Procedure Section 395.
2. Where in Los Angeles County Should
I File My Case?
Local Rule
2.3 of the Los Angeles County Court Rules directs you to file your case in the
“nearest or most accessible courthouse where the court hears” small claims
matters. In Los Angeles County, the
places where the court hears small claims matters are the six small claims hub
courts located in the Downey, Alhambra, Stanley Mosk (Downtown Los Angeles),
Van Nuys East, and Inglewood courthouses.
The “nearest or most accessible”
hub court depends on the nature of your claim and how the claim arose. Los Angeles Superior Court Local Rule 2.3
explains how to identify the hub court that will hear your case and specifies
the statutes that apply: Code of Civil
Procedure Sections 392-395, 760.050, 872.110; and Civil Code Sections 1812.10
and 2984.4.
Set forth below, for your
convenience, is a very general description of some of the law contained in
these statutes and a table of Postal Zip Codes. It is up to you to study these statutes and
Los Angeles Court Rule 2.3 to determine where to file your small claims
action.
Real Property
In general, claims involving
disputes over real property belong in the hub courthouse that is the “nearest or
most accessible” to the place (identified by Postal Zip Code) where the real
property is located or where the defendants, or any of them, reside at the
commencement of the action. See Code of
Civil Procedure Sections 392, 760.050, 872.110.
Contract Cases
Actions based on contracts should
generally be filed at the hub courthouse that is “nearest or most accessible”
to the place (identified by Postal Zip Code) where the buyer in fact signed the
contract, where the buyer resided when the contract was entered into, or where
the buyer resides at the commencement of the action. See Civil Code of Civil Procedure Section
395(b) and Civil Code Sections 1812.10, 2984.4.
Personal Injuries and injuries to
property
Claims for personal injury or
injury to property are generally filed in the courthouse “nearest or most
accessible” to the place (identified by Postal Zip Code) where the injury occurred
or where the defendants, or some of them reside at the commencement of the
action. See Code of Civil Procedure
Section 395.