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A plaintiff may commence a Small Claims action by filing a complaint or declaration under oath with the Small Claims court. The plaintiff must submit enough copies of the compliant or declaration for the following: the court, the plaintiff, and each named defendant.
The complaint or declaration shall be a simple nontechnical form approved by the Judicial Council. The complaint or declaration shall set forth (1) the name and address of the defendant, if known; (2) the amount and basis of the claim; (3) that the plaintiff, where possible has demanded payment and, in applicable cases, possession of the property; (4) that the defendant failed or refused to pay, and, where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal.
The form and accompanying instructions shall include information that the plaintiff (1) need not be represented by an attorney, (2) has no right of appeal on his or her claim, and (3) may ask the court to waive fees for filing and serving the claim on the grounds that the plaintiff is unable to pay them, using the forms approved by the Judicial Council for that purpose.
Source: California Code of Civil Procedure §116.320
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