What Small Claims Courts Can Do
Judges are not supposed to investigate disputes; they are authorized to hear the evidence that the parties present in the courtroom. They’re not supposed to go to the scene of a crime to try to solve a mystery themselves nor are they supposed to consult their own experts about a case.
But there is one exception to this general rule: In small claims court, judges are allowed to investigate facts. A judge can also consult expert witnesses to help decide a dispute. In fact, judges sometimes recess a hearing for 15 to 20 minutes to do some quick research or call an expert, according to a source book published for small claims court judges by the state Department of Consumer Affairs.
One judge once told me he had investigated a small claims case over several weeks before he rendered a decision.
The source book advises judges to “become acquainted with a few experienced persons, especially in the auto repair field, who can be called on to give an objective opinion if needed.”
This source book can be a helpful guide because many small claims court judges are lawyers who have volunteered to serve one day a month as temporary judges and who are not accustomed to sitting on a judicial bench. (You can object to a “pro tem” judge hearing your case and demand a “real” judge.)
Small claims court is supposed to be an uncomplicated way to resolve legal disputes without the headache of lawyers and the complex legal procedures found in Municipal or Superior Court. Disputes cannot involve more than $2,000, but the maximum increases to $2,500 in 1991.
It’s a relatively easy way to sue someone who dents your fender but doesn’t have car insurance, or to get a dry-cleaner to pay for a ruined dress. You don’t need a lawyer. In fact, you must represent yourself; you can’t send someone else to act on your behalf. (But you can consult a lawyer to help you in preparing your case.)
The process is informal. Rules of evidence are not strictly enforced. Judges are encouraged to resolve disputes based on fairness and common sense, but they must follow the law, as shown by the following excerpt from the source book:
“While it is true that one of the goals of small claims court is to ‘dispense justice,’ a system based primarily on each judge’s subjective notion of fairness would not be just. If there is a law applicable to the facts which is dispositive of the case, that law should be followed.
“This does not mean the court should be over-technical about procedural rules, evidence, burden of proof and the like. However, a judge should be reluctant to depart from applicable substantive law just to satisfy a personal sense of ‘justice.’ ”
There are several helpful books that explain how to prepare a small claims case. The court has handouts that describe how to file a claim, and the State Bar of California publishes a free consumer pamphlet titled “How Do I Use the Small Claims Court?” For a copy, send a self-addressed, stamped, business-size envelope to State Bar Pamphlets, 555 Franklin St., San Francisco, Calif. 94102.
