(a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and participate in a small claims action through a regular employee, who is employed or appointed for purposes other than solely representing that department in small claims court.
§ 116.541.Participation in small claims actions by Department of Corrections and Department of Youth Authority
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 5. Hearing · Enacted 1995 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.541 lets the Department of Corrections or the Department of the Youth Authority appear and participate in a small claims action through a regular employee not employed solely to represent that department, and excuses that representative from personally appearing just to challenge a plaintiff’s compliance with pleading requirements.
Full Text of § 116.541
(b) Where the Department of Corrections or the Department of the Youth Authority is named as a defendant in small claims court, the representative of the department is not required to personally appear to challenge the plaintiff’s compliance with the pleading requirements and may submit pleadings or declarations to assert that challenge.
(c) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of the Department of Corrections or the Department of the Youth Authority under subdivision (a) to file a declaration stating (1) that the individual is authorized to appear for the party, (2) the basis for that authorization, and (3) that the individual is not employed solely to represent the party in small claims court.
(e) For purposes of this section, all references to the Department of Corrections or the Department of the Youth Authority include an employee thereof, against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department.
Plain-English Summary
Section 116.541 gives the Department of Corrections or the Department of the Youth Authority (agencies whose functions have since been reorganized under the Department of Corrections and Rehabilitation) their own representative rule, working alongside the general participation rules in § 116.540. Subdivision (a) allows the department to appear through a regular employee employed or appointed for purposes other than solely representing it in small claims court.
Subdivision (b) adds a specific accommodation when the department is a defendant: its representative does not have to personally appear just to challenge whether the plaintiff met the chapter’s pleading requirements, and may instead submit that challenge through pleadings or declarations. Subdivision (c) requires the usual declaration of authorization when a representative does appear, and subdivision (e) clarifies that references to either department include their employees when sued over their duties.
Frequently Asked Questions
Does a state prison need to send someone in person to small claims court in every case?
Not always. Section 116.541(b) lets the Department of Corrections or Department of the Youth Authority challenge a plaintiff’s compliance with pleading requirements through pleadings or declarations, without personally appearing for that purpose.
Who can appear on behalf of these departments in small claims court?
Section 116.541(a) allows a regular employee, employed or appointed for reasons other than solely representing the department in small claims court, to appear and participate.
Amendment History
Added Stats 1995 ch 366 § 2 (AB 725).
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: department of corrections small claims californiastate agency defendant small claims court