SMALL CLAIMS COMPLAINT

(California – Superior Court, Small Claims Division)

[// GUIDANCE: This template is drafted for use in the California Superior Court – Small Claims Division. It is not a Judicial Council form (e.g., SC-100) and should be reviewed against current local‐court rules to confirm acceptance. Most clerks will require filing on the official form; this template is designed for attorneys who wish to attach a narrative complaint or who practice in counties that permit non-form pleadings.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations
4. Representations, Verification & Declaration
5. Prayer for Relief
6. Risk Allocation & Miscellaneous
7. Execution Block
8. Exhibit Index

1. DOCUMENT HEADER

SUPERIOR COURT OF THE STATE OF CALIFORNIA
County of [COUNTY] – Small Claims Division

Case No.: ________
(To be assigned by the Clerk)

SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES

Filed: [MM/DD/YYYY]
Amount Demanded: $[DEMAND AMOUNT] (exclusive of allowable court costs)

[// GUIDANCE: Confirm that the “Demand Amount” does not exceed Small Claims monetary limits—currently $10,000 for natural persons, $5,000 for most entities. Certain vehicle-property-damage claims are capped at $7,500 even for individuals. Double-check the plaintiff’s status and claim type.]

2. DEFINITIONS

Unless the context clearly requires otherwise, capitalized terms used in this Complaint have the meanings set forth below.

“Claim” means the cause(s) of action described in Section 3.
“Court” means the Superior Court of California, County of [COUNTY], Small Claims Division.
“Damages” means the monetary relief sought in Section 5, within statutory limits.
“Parties” means, collectively, Plaintiff and Defendant.
“Small Claims Act” means California Code of Civil Procedure §§ 116.110 et seq. (the “Act”).

3. OPERATIVE ALLEGATIONS

3.1 Parties
a. Plaintiff is, and at all times relevant was, a resident of the State of California.
b. Defendant is, and at all times relevant was, a resident of the State of California.

3.2 Jurisdiction & Venue
a. This Court has subject-matter jurisdiction pursuant to the Act because the amount in controversy does not exceed the jurisdictional limits set by the Act.
b. Venue is proper in this County because the transaction/occurrence giving rise to the Claim took place in this County and/or Defendant resides or does business here.

3.3 Facts Common to All Causes of Action
[PLACEHOLDER – Provide concise, chronological statement of facts. Include:
• Date(s) of transaction/incident
• Nature of agreement, tort, or statutory violation
• Defendant’s specific acts or omissions
• How those acts directly caused Plaintiff’s damages]

3.4 Cause(s) of Action
FIRST CAUSE OF ACTION – [BREACH OF CONTRACT / NEGLIGENCE / GOODS SOLD & DELIVERED / OTHER]
a. Plaintiff realleges and incorporates by reference paragraphs 3.1 through 3.3.
b. [Element-by-element allegation in numbered subparagraphs.]

[// GUIDANCE: Draft separate causes of action if multiple legal theories apply. Keep each concise; Small Claims judges prefer brevity.]

3.5 Compliance With Pre-Demand Requirements
Plaintiff demanded payment from Defendant on [DATE] via [method]. More than [XX] days have elapsed and Defendant has failed to pay.

3.6 Amount of Damages
Plaintiff has sustained Damages in the principal sum of $[DEMAND AMOUNT], calculated as follows:
• Principal: $[]
• Pre-filing costs (if recoverable): $[]
• Interest (if contractually or statutorily permitted): $[]
Total: $[]

[// GUIDANCE: Prejudgment interest is generally disfavored in Small Claims; verify before including.]

4. REPRESENTATIONS, VERIFICATION & DECLARATION

4.1 Non-Assignment Representation
Plaintiff represents that the Claim has not been assigned and is owned outright by Plaintiff.

4.2 No Excessive Filings Representation
Plaintiff represents that he/she/it has not filed more than two Small Claims actions in this Court during the current calendar year for amounts greater than $2,500 each.

4.3 Verification & Declaration Under Penalty of Perjury
I, the undersigned Plaintiff, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE] at [CITY], California.

Signature: ________
Printed Name: [PLAINTIFF NAME]

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:
1. For Damages in the amount of $[DEMAND AMOUNT] or such lesser amount as the Court deems proper within its jurisdictional limits;
2. For allowable court costs in the amount of $[FILING FEE + SERVICE COSTS];
3. For post-judgment interest at the statutory rate; and
4. For such other and further relief as the Court deems just and proper.

6. RISK ALLOCATION & MISCELLANEOUS

6.1 Attorney’s Fees The Parties acknowledge that, except as permitted by statute or contract, attorney’s fees are generally not recoverable in Small Claims Court.

6.2 Appeal Rights Only the Defendant may appeal an adverse judgment exceeding $2,500; Plaintiff’s right to appeal is limited by statute.

6.3 No Jury Trial The Act does not provide for jury trials in Small Claims proceedings.

6.4 No Injunctive Relief The Court may award only monetary relief and certain statutory orders; injunctive or declaratory relief is unavailable.

7. EXECUTION BLOCK

DATED: [MM/DD/YYYY]

PLAINTIFF:

[PLAINTIFF NAME]
[Title if entity plaintiff]
[Address]
[Telephone]
[Email]

[// GUIDANCE: If the plaintiff is an entity, ensure the signatory has authority (e.g., corporate resolution). Attach proof if required by local rule.]

8. EXHIBIT INDEX

Exhibit A — Contract / Invoice / Estimate / Photographs (as applicable)
Exhibit B — Demand Letter dated [DATE]
Exhibit C — Proof of Service of Demand Letter
Exhibit D — Any additional supporting documents

[// GUIDANCE: Each exhibit must be clearly labeled and tabbed. Provide copies to the Court and each defendant. Do not file original documents; bring originals to the hearing.]

END OF TEMPLATE

[// GUIDANCE:
1. Review local “Small Claims Advisor” publications for county-specific filing instructions.
2. Serve the Defendant using a method authorized for Small Claims (e.g., sheriff, registered process server, or substituted service per the Act). Proof of service must be on file at least 5 days before the hearing (15 days if Defendant resides outside the county).
3. Calendar all statutory deadlines, especially those relating to service and evidence submission.
4. Bring three complete sets of this Complaint and all exhibits to the hearing (one for the judge, one for the Defendant, and one for your file).]