(a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the filing of a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required.
§ 116.430.Fictitious business names
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 4. Parties · Last amended 1991 · Last verified July 28, 2026
In one sentenceSection 116.430 requires a plaintiff doing business under a fictitious business name to file a declaration of compliance with the fictitious business name laws when the claim relates to that business, and requires dismissal without prejudice of a claim filed without that compliance.
Full Text of § 116.430
(b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice.
(c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code.
Plain-English Summary
Section 116.430(a) applies when a plaintiff operates under a fictitious business name and the small claims dispute relates to that business: the claim must be accompanied by a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing the required statement.
Subdivision (b) backs that requirement with a consequence — a small claims action filed by someone who has not complied with those fictitious business name laws must be dismissed without prejudice, meaning the case can be refiled once the plaintiff comes into compliance. Subdivision (c) defines “fictitious business name” and “fictitious business name statement” by reference to Business and Professions Code §§ 17900 and 17913.
Frequently Asked Questions
Do I need a fictitious business name statement to sue in small claims court under my business name?
Yes, if the claim relates to that business. Section 116.430(a) requires a declaration of compliance with the fictitious business name laws to accompany the claim.
What happens if I file without having complied with the fictitious business name laws?
Section 116.430(b) requires the small claims action to be dismissed without prejudice, so it can be refiled once the plaintiff complies.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 12 (SB 771).
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: dba small claims court californiafictitious business name statement small claims