§ 116.220.Jurisdiction

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 2. Small Claims Court · Last amended 2024 · Last verified July 28, 2026

In one sentenceSection 116.220 sets the general small claims jurisdictional limit at $6,250 for money claims, unsecured property tax enforcement, certain writs of possession, and attorney-client fee arbitration disputes, allows equitable relief only alongside those claims or when a statute expressly authorizes it, and sets separate lower jurisdictional limits for actions against defendant guarantors.

Full Text of § 116.220

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) The small claims court has jurisdiction in the following actions:

(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).

(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.

(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).

(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.

(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.

(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.

(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.

(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).

(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).

(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).

(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.

(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiff’s administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.

(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiff’s discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.

(g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of an employee’s duties as an employee of that department.

End

Plain-English Summary

Section 116.220(a) is the general jurisdiction rule for small claims court. A case for the recovery of money belongs there if the demand does not exceed $6,250, and the same $6,250 ceiling applies to actions to enforce delinquent unsecured personal property taxes, to certain landlord’s-lien writs of possession under Civil Code §§ 1861.5 and 1861.10, and to confirming, correcting, or vacating an attorney-client fee arbitration award (or hearing that dispute de novo) under the State Bar’s mandatory fee arbitration program. Purely equitable relief — an injunction, for example — is only available in small claims court when a separate statute expressly says so, though subdivision (b) lets the court add equitable relief like rescission, restitution, reformation, or specific performance onto a claim that otherwise falls within subdivision (a), including a conditional judgment the court retains jurisdiction to enforce.

Subdivision (c) carves out lower, separate limits for cases against a defendant guarantor. A guarantor who does not charge a fee for guaranty or surety services can be sued for up to $3,125. A natural person suing a fee-charging guarantor can go up to $8,125. An entity other than a natural person suing a fee-charging guarantor, or suing the Registrar of the Contractors State License Board as guarantor, is capped at $5,000. A natural person suing the Registrar of the Contractors State License Board as guarantor instead follows the higher limit in § 116.221.

Subdivision (d) lets a plaintiff waive the amount of a demand that exceeds the applicable jurisdictional limit, so the case can proceed in small claims court — but that waiver is not binding until judgment, meaning a plaintiff cannot walk away from the waiver’s effect once a decision on the merits has been reached. Subdivisions (e) through (g) add a special condition for a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility: that plaintiff must allege exhaustion of administrative remedies against the department (including compliance with Government Code §§ 905.2 and 905.4) before the small claims court has jurisdiction over the department or its employees, and the case can be dismissed or continued if that proof is missing at trial.

Frequently Asked Questions

What is the small claims court dollar limit in California?

Section 116.220(a) sets the general limit at $6,250 for money claims, unsecured property tax enforcement, certain writs of possession, and attorney-client fee arbitration matters. Section 116.221 separately raises the limit to $12,500 for actions brought by a natural person, subject to the guarantor sub-limits in § 116.220(c) and the filing cap in § 116.231.

Can I get an injunction in small claims court?

Only in narrow circumstances. Section 116.220(a)(5) allows injunctive or other purely equitable relief only when a separate statute expressly authorizes the small claims court to award it. Section 116.220(b) additionally lets the court add equitable relief like rescission or specific performance onto a claim that already qualifies under subdivision (a).

Are the small claims limits different when I sue a guarantor?

Yes. Section 116.220(c) sets its own limits for actions against a defendant guarantor: $3,125 against a guarantor that charges no fee for its services, $8,125 for a natural person suing a fee-charging guarantor, and $5,000 for a non-natural-person entity suing a fee-charging guarantor or the Registrar of the Contractors State License Board.

Can I ask for more than the small claims limit and just give up the extra amount?

Yes. Section 116.220(d) allows a plaintiff to waive the excess over the jurisdictional limit so the case can be heard in small claims court, but that waiver does not take effect until judgment is entered.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1990 ch 1683 § 3 (AB 3916); Stats 1991 ch 133 § 1 (AB 1827), ch 915 § 3 (SB 771); Stats 1992 ch 8 § 1 (AB 1551), effective February 19, 1992, ch 142 § 2 (SB 1376); Stats 1993 ch 1262 § 5 (AB 1272), ch 1264 § 95 (SB 574); Stats 1994 ch 479 § 10 (AB 3219); Stats 1995 ch 366 § 1 (AB 725); Stats 1998 ch 240 § 2 (AB 771); Stats 1999 ch 982 § 6 (AB 1678); Stats 2006 ch 150 § 1 (AB 2455), effective January 1, 2007; Stats 2008 ch 157 § 4 (SB 1432), effective January 1, 2009; Stats 2009 ch 468 § 1 (AB 712), effective January 1, 2010; Stats 2023 ch 861 § 5 (SB 71), effective January 1, 2024.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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