§ 116.410.Who may be party; Appearance by guardian ad litem

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 4. Parties · Last amended 2004 · Last verified July 28, 2026

In one sentenceSection 116.410 requires a party to a small claims action to be at least 18 years old, or legally emancipated, and mentally competent, and lets a minor or incompetent person appear instead through a court-appointed guardian ad litem.

Full Text of § 116.410

Text sizeJump to: (a) (b)

(a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action.

(b) A minor or incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed.

Plain-English Summary

Section 116.410(a) sets the basic capacity requirement for small claims parties: at least 18 years old, or legally emancipated, and mentally competent. That leaves an obvious gap for minors and people who lack that competence, which subdivision (b) fills — a minor or incompetent person can appear through a guardian ad litem, appointed by a judge of the court where the action is filed.

Frequently Asked Questions

Can a minor bring or defend a small claims case in California?

Not directly, unless emancipated. Section 116.410(a) requires a party to be at least 18 or legally emancipated, but subdivision (b) allows a minor to appear through a guardian ad litem appointed by a judge of the court where the case is filed.

How does someone get appointed as a guardian ad litem for a small claims case?

Section 116.410(b) requires the guardian ad litem to be appointed by a judge of the court in which the small claims action is filed.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 2004 ch 171 § 1 (AB 3078).

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

Also known as: can a minor sue in small claims court californiaguardian ad litem small claims california