The Legislature hereby finds and declares as follows:
§ 116.120.Legislative findings and declarations
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 1. General Provisions · Last amended 1998 · Last verified July 28, 2026
In one sentenceSection 116.120 records the Legislature’s reasoning for creating small claims court: minor civil disputes matter enough, individually and collectively, that people need an accessible, low-cost forum, and that forum must favor the convenience of the individual parties and witnesses over anyone else’s convenience.
Full Text of § 116.120
(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.
Plain-English Summary
Most statutes jump straight to rules. Section 116.120 pauses first to explain why the rules exist. It states that small disputes carry real weight for the people involved and add up to real economic consequences across the state, and that resolving them needs a forum that is quick, cheap, and open to everyone directly involved.
The section then draws a line that runs through the rest of the chapter: small claims divisions, and every rule the Judicial Council writes for them, must operate so that the convenience of individual parties and witnesses comes before the convenience of any other party or witness. That single sentence explains why later rules bar attorneys from most small claims hearings, why service and filing rules are stripped down, and why hearings are run informally instead of like a full civil trial.
Because this section states legislative purpose rather than a procedural step, it rarely decides a case on its own. Courts and litigants use it as a lens for reading everything else in the chapter — when a rule could go either way, this purpose clause points toward the reading that keeps the process simple and puts ordinary people first.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1998 Law Revision Commission Comment. Section 116.120 is amended to accommodate unification of the municipal and superior courts in a county. Cal. Const. art. VI, § 5(e). It is also amended to reflect elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b).
Frequently Asked Questions
Why does California have a small claims court?
Section 116.120 states the Legislature’s reasoning directly: minor civil disputes matter to the people involved and to the economy as a whole, and resolving them requires a judicial forum that is quick, low-cost, and accessible to the parties themselves.
Whose convenience comes first in small claims court?
Section 116.120(d) says the small claims divisions, this chapter, and the Judicial Council’s rules must operate so that the convenience of individual parties and witnesses prevails, where possible, over the convenience of any other parties or witnesses.
Does this section create any rights or deadlines?
No. It is a statement of legislative purpose, not an operative rule. It explains the goals behind the small claims system rather than setting a specific filing, service, or hearing requirement.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1998 ch 931 § 37 (SB 2139), effective September 28, 1998.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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