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New Consumer Laws 2010

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SMALL CLAIMS COURT - DECLARATORY RELIEF

AB 712 (Chap. 468); amends CCP section 116.220

Background: Under current law, various statutes grant a person the right to seek declaratory or injunctive relief in small claims court, but the Small Claims Act does not provide the explicit authority to order such relief. For example, CC 1365.2 (f) authorizes actions in small claims court to inspect and copy homeowner association-related records, but the Small Claims Act does not contain a catch-all provision that specifically authorizes the small claims court to order equitable relief in cases where such relief has been made available through statutes other than those specified in the Small Claims Act.

The new law: Allows small claims court equitable jurisdiction over an action for an injunction or other equitable relief to cases covered by a statute which expressly authorizes a small claims court to award that relief.

May be reprinted for non-commercial use if a credit line is included acknowledging the County of Los Angeles Department of Consumer Affairs.

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For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
Web site: dca.lacounty.gov