California

Civil Procedure

Civil Procedure

Rule 3.2120 – Advisor assistance

(a) Notice to parties

The clerk must inform the parties, orally or in writing, about:

(1) The availability of advisors to assist small claims litigants at no additional charge as provided in Code of Civil Procedure sections 116.260 and 116.940; and
(2) The provisions of Government Code section 818.9.
(b) Training

All small claims advisors must receive training sufficient to ensure competence in the areas of:

(1) Small claims court practice and procedure;
(2) Alternative dispute resolution programs;
(3) Consumer sales;
(4) Vehicular sales, leasing, and repairs;
(5) Credit and financing transactions;
(6) Professional and occupational licensing;
(7) Landlord-tenant law; and
(8) Contract, warranty, tort, and negotiable instruments law.

It is the intent of this rule that the county must provide this training.

(c) Qualifications

In addition to the training required in subdivision (b) , each county may establish additional qualifications for small claims advisors.

(d) Conflict of interest

A small claims advisor must disclose any known direct or indirect relationship the advisor may have with any party or witness in the action. An advisor must not disclose information obtained in the course of the advisor’s duties or use the information for financial or other advantage.

Cal. R. Ct. 3.2120

Rule 3.2120 amended and renumbered effective January 1, 2007; adopted as rule 1725 effective January 1, 1986; previously amended effective July 1, 1991.