In this chapter, unless the context indicates otherwise:
§ 116.130.Definitions
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 1. General Provisions · Last amended 2053 · Last verified July 28, 2026
In one sentenceSection 116.130 defines eleven terms used throughout the small claims chapter — plaintiff, defendant, judgment creditor, judgment debtor, person, individual, party, motion, declaration, good cause, and mail — so those words carry one fixed meaning across every rule that follows.
Full Text of § 116.130
(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff.
(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim.
(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.
(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.
(f) “Individual” means a natural person.
(g) “Party” means a plaintiff or defendant.
(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.
(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.
(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.
Plain-English Summary
Small claims cases move fast and often without lawyers, so this chapter leans on plain, fixed definitions rather than legal jargon a self-represented litigant would have to look up elsewhere. Section 116.130 collects the key terms in one place.
A few of these definitions do real work beyond the obvious. “Plaintiff” includes a defendant who has filed a counterclaim against the plaintiff, and “defendant” likewise includes a plaintiff who is on the receiving end of that counterclaim — so a person can be a “defendant” for purposes of a claim even though they started the case. “Declaration” means a signed statement, dated and placed, sworn under penalty of perjury, which matters because small claims practice relies on declarations instead of notarized affidavits or live testimony at several points. “Good cause” is defined only as circumstances sufficient to justify the request, leaving the judge real discretion to decide what counts case by case.
“Mail” is defined as first-class mail with postage fully prepaid, unless a specific rule says otherwise — a small detail that matters because so much of small claims procedure (service, notice of hearing dates, notice of judgment) runs by mail rather than by hand delivery or court appearance.
Frequently Asked Questions
Who counts as the “defendant” in a California small claims case?
Section 116.130(b) defines “defendant” as the party the plaintiff sued, but the term also reaches a plaintiff who is on the receiving end of a counterclaim filed by the original defendant.
What is a “declaration” in small claims court?
Section 116.130(i) defines it as a written statement, signed and dated, that states under penalty of perjury that its contents are true. Small claims practice uses declarations in place of notarized affidavits at many steps, including motions to vacate and proof of payment.
Does “person” in this chapter mean only a human being?
No. Section 116.130(e) defines “person” broadly to include corporations, partnerships, limited liability companies, and other entities, not just natural individuals. Section 116.130(f) separately defines “individual” to mean a natural person.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 1 (SB 771); Stats 1994 ch 1010 § 57 (SB 2053); Stats 2003 ch 449 § 4 (AB 1712).
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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