§ 116.360.Counterclaim

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2007 · Last verified July 28, 2026

In one sentenceSection 116.360 lets a defendant file a counterclaim against the plaintiff in the same small claims action, up to the applicable jurisdictional limits, without the claim needing to relate to the same transaction, served and filed the same way as the plaintiff’s claim, with a shortened service deadline when the defendant was served close to the hearing date.

Full Text of § 116.360

Text sizeJump to: (a) (b) (c)

(a) The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231. The claim need not relate to the same subject or event as the plaintiff’s claim.

(b) The defendant’s claim shall be filed and served in the manner provided for filing and serving a claim of the plaintiff under Sections 116.330 and 116.340.

(c) The defendant shall cause a copy of the claim and order to be served on the plaintiff at least five days before the hearing date, unless the defendant was served 10 days or less before the hearing date, in which event the defendant shall cause a copy of the defendant’s claim and order to be served on the plaintiff at least one day before the hearing date.

Plain-English Summary

Section 116.360(a) gives a small claims defendant an offensive option: file a claim of their own against the plaintiff, in the same case, up to the jurisdictional limits set in §§ 116.220, 116.221, and 116.231. Unlike a compulsory counterclaim in ordinary civil practice, this claim does not have to arise from the same event or subject as the plaintiff’s claim.

Subdivision (b) ties the defendant’s claim to the same filing and service mechanics that govern the plaintiff’s own claim under §§ 116.330 and 116.340. Subdivision (c) tightens the service deadline when time is short: the defendant’s claim and order generally must be served on the plaintiff at least five days before the hearing, but if the defendant was served ten days or less before the hearing date, that window shrinks to at least one day before the hearing.

Frequently Asked Questions

Can a defendant file their own claim in small claims court?

Yes. Section 116.360(a) allows a defendant to file a claim against the plaintiff in the same action, up to the jurisdictional limits in §§ 116.220, 116.221, and 116.231, and that claim need not relate to the plaintiff’s original claim.

How does a defendant’s counterclaim get filed and served?

Section 116.360(b) requires it to be filed and served the same way the plaintiff’s claim is filed and served under §§ 116.330 and 116.340.

How much time does a defendant have to serve their counterclaim before the hearing?

Section 116.360(c) requires service at least five days before the hearing, unless the defendant was served ten days or less before the hearing date, in which case the defendant must serve their claim at least one day before the hearing.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627) as § 116.380. Amended and renumbered by Stats 1991 ch 915 § 11; Amended Stats 1996 ch 1159 § 2 (AB 3471); Stats 2006 ch 167 § 4 (AB 2618), effective January 1, 2007.

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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