How to Win in California Small Claims Court

Already filed your small claims case and don’t know what to expect at the hearing? In this guide, we cover everything you need to know on how to win your small claims case, including:

1. Research how to prove your case.

2. What to include in your hearing presentation.

3. What to prepare 30 days before your court date.

4. How to prepare the day before your hearing.

5. What to expect the day of the hearing.

Did you know we have a tool that helps you prepare for trial, including how to create an opening statement, timeline, and organize your evidence? Create your Trial Presentation >

Research How To Prove Your Case

As the plaintiff (the person who filed the lawsuit), it is your responsibility to prove your case at the hearing.

To win your case, you will need to determine the “cause of action(s)” relating to your case and the elements required to win on that cause of action.

• A cause of action is the legal reason that you can sue another person, and it is the legal basis for your lawsuit.

• Elements are essential parts of a legal claim that you must prove to win a lawsuit.

For example, if you are suing someone for not repaying you on a loan, the cause of action is called Breach of Contract.

To win a breach of contract case, you need to prove four key elements:

1. Agreement: Both parties had a proper agreement, written or spoken.

2. Performance: You fulfilled your promise or your part of the agreement, or had a valid reason not to perform your part of the agreement because of the other party’s failure to uphold their end of the agreement.

3. Breach: The other party failed to fulfill the terms of their side of the agreement.

4. Damages: You lost money or faced financial loss due to the other party’s actions.

Need help determining the cause of action and elements for your case? We built a legal toolkit to help you understand the cause of action you are suing for and the elements. Access our free legal toolkit by creating an account.

Take a note from lawyer playbooks and create a trial presentation before your hearing. A trial presentation is a formal document that lays out for you, the judge, and the other party all the important documents you need to argue your strongest case in court. Your trial presentation should include:

1. An opening statement outlining your specific cause of action and request to the court.

2. A case timeline with all the relevant evidence needed to prove each element of your claim plus any additional relevant evidence.

3. Calculate your damages and recoverable costs.

4. Copies of all your documents filed with the court.

5. A table of contents, page numbers, and titles so that the judge can follow along easily as you present your case in court.

In the next sections, we will cover each of these. Do not procrastinate creating a trial presentation. As the plaintiff, you don’t have a right to appeal in California small claims, so this is your chance to get organized so that you can prove to the judge at the hearing why you should win your case.

Step 1: Prepare Your Opening Statements for Court

An opening statement is a brief summary informing the judge what your case is about. When your hearing starts, the judge may:

1. Ask you to provide an overview of the case (an opening statement). Then, turn to the person or business you sued for their perspective, or

2. The judge may skip opening statements and proceed to directly question both you and the other party.

You will want to have a short opening statement, and remarks prepared so that you can refer back to them when presenting your case. Each remark should support at least one element for the cause of action.

For example, in a breach of contract case here is an example of how to prepare:

1. I lent my co-worker money with an agreement for repayment without interest in 6 months. However, he didn’t pay me back, and it has been over a year.

2. Element 1: Agreement- I agreed to lend $500 on June 1, 2022, and he agreed to repay the $500 on December 1, 2022.

3. Element 2: Performance- On June 1, 2022, I sent him the money via Venmo.

4. Element 3: Breach- On December 2, 2022, I reached out to my co-worker as they had not paid me back.

5. Element 4: Damages- I am now owed the $500 I lent my co-worker.

Step 2: Create a Timeline and Organize Your Evidence

In preparation for the hearing, you should also create a case timeline to present your case chronologically. A case timeline:

• Provides the judge with a visual of what happened and when.

• Helps you present your case in chronological order.

• Enables you to organize all your evidence to support each element of your cause of action.

Our Trial Presentation tool helps you analyze the elements of your case and organize your evidence to support each element. By organizing your evidence this way, it will be easy for the judge to understand what happened in your case.

When building your timeline, it is important to include events by date and evidence that relate to each event. You should include all events that are relevant to the dispute. Your timeline will be presented to the judge to support your side of the story, and you will also need to present a copy to the other party (more on exchanging evidence below).

An event is relevant if:

1. It’s something that happened between you and the other party OR

2. Something that happened to you as a result of your dispute with the other party.

For example, if you are suing over a loan that wasn’t repaid, an event on your timeline will be the date you agreed to loan the money. This event will be supported by evidence of the agreement like an email, text message, or contract (if you had a verbal contract, you would include evidence that referenced the contract like an email confirming the transfer of the money via Zelle or text messages that reference the repayment date).

Here are some common types of evidence we see:

• Text messages

• Emails

• Pictures

• Videos

• Receipts

• Contracts

If you have additional evidence that didn’t fit within your case timeline, now is the time to retrieve this evidence.

The last emotion you want to feel when you walk out of the hearing is regret because you didn’t include a piece of evidence in your trial presentation. In most cases, you won’t be able to send additional evidence to the judge after the hearing.

Our Trial Presentation software helps you create a timeline organized with key events supported by evidence. Create your case timeline and organize your evidence by creating a free account.

Step 3: Calculate Your Damages and Costs

Up next in preparing your trial presentation is to determine what you lost and how you got those numbers. This is known as your damages. Refer to your filed lawsuit (look at your SC-100 under number 3(c)), as you likely already calculated your damages.

For example, if you are suing over an unpaid loan, your damages would be the amount of the loan (if you had agreed on interest, your damages would also include the interest owed to you).

In addition to damages, you should also calculate any costs related to filing your case, normally court filing fees and serving costs. If you win, the judge will determine what costs they would like the person or business you sued to reimburse you for. To calculate costs, refer back to any receipts you have.

You should consider creating a recoverable costs table like the one below to make it easy for the judge to add up your costs.

Tip: Keep track of your recoverable expenses by labeling them clearly. With our Trial Presentation tool, you can upload your receipts as exhibits, making sure they’re ready for your court date. Create a free account.

Additionally, you should include evidence of your costs as evidence (also known as exhibits) like receipts for filing fees and serving costs.

Step 4: Organize All Documents Filed With the Court

While all your court documents should already be filed with the court, you should still bring a copy for yourself.

The most common two documents you will have are:

• SC-100 “Plaintiff’s Claim and Order to Go to Small Claims Court” and

• An SC-104 Proof of Service for each defendant.

Step 5: Putting Together Your Trial Presentation

Now that you have gathered the following information:

1. An opening statement outlining your specific cause of action and request to the court.

2. A case timeline with all the relevant evidence needed to prove each element of your claim plus any additional relevant evidence.

3. Your damages and recoverable costs.

4. Copies of all your documents filed with the court.

it is time to organize those documents together in a trial presentation.

This is where our Trial Presentation tool will also come in handy as it helps you organize all the documents and creates a table of contents with page numbers and titles. Having a Trial Presentation will make it easier for the judge to follow along as you present your case in court. At the hearing, you can refer to different page numbers and documents so that the judge can simultaneously review their copy of your Trial Presentation.

Step 1: Gather Your Hearing Information

Review your SC-100 “Plaintiff’s Claim and Order to Go to Small Claims Court” (your filed lawsuit) in detail. On the first page, you will find the following information:

• Case Number

• Trial Date

• Hearing Time

• Hearing Department

• Name and address of the court

Additionally, if you received any notices from the court after you filed the lawsuit, make sure to review those notices as well. For example, if you received any notices where the court changed the hearing date or time it will be essential to review those (the court normally sends notices in the mail).

Here are some common issues we have seen to keep an eye out for:

• Look at the section on the first page of the SC-100 stating “name and address of court” as your hearing may be at a different court than where the lawsuit was filed.

• Make sure you identify the date and time of the hearing. You would be surprised how many people forget their hearing date or write the wrong date on their calendar. If you don’t attend your hearing, the court will close your case.

• If you are late to your hearing, even if only by a few minutes, the court will likely close your case. Review the hearing time and set several reminders for yourself so that you don’t forget.

This is one of the most important pages of the SC-100.

Step 2: Check Your Local Court Rules

At least 30 days before your hearing, review any local court rules. Different courts might have different rules about evidence. Some courts ask you to send your evidence before the hearing; others have you bring your evidence with you to the hearing. It’s important to know what your court requires. Most of the time, any court requirements will be mailed to you or attached to the filed lawsuit.

For example, if your case is filed in a Los Angeles small claims court, there is a requirement that you mail your evidence to the court and the other party at least 10 days before the hearing. If you or the other party miss this step, the court may reschedule your hearing.

Los Angeles County Small Claims Order– 1st Amended Standing Order Re: Evidence Exchange.

If your court does not require you to send your evidence before the hearing, print 3 copies of your documents– a copy for the judge, the other party, and yourself (if you used our Trial Presentation tool, download and print 3 copies).

Step 3: Make Sure Your Proof of Service is Filed

Your hearing won’t move forward if you don’t properly serve the person or business you sued (the defendant). Review the serving rules on the SC-104c form.

Once you have a server serve the lawsuit, they will need to complete and sign the SC-104 Proof of Service form for each defendant you sued.

Once you receive the SC-104 form, you are required to file it at least 5 days before the hearing. See California Code of Civil Procedure Section 116.340(c). If you forget to file the Proof of Service before the hearing, call the court before your hearing as some courts will close your case if you don’t complete this step (the majority of courts won’t close your case and will let you bring the Proof of Service with you to the hearing if you forgot to file it before the hearing).

Step 4: Determine if Virtual Hearings are available

Some courts provide the option of attending your hearing virtually or have a process for requesting permission to attend your hearing virtually.

Here are some examples:

Los Angeles County Small Claims Remote Appearance Scheduling Page.

If you would like to explore attending your hearing virtually, call the court clerk and ask for the process in your court.

Virtual hearings are a great opportunity as they help you save time and make the small claims process more convenient. Usually, if your hearing is virtual, you will need to send your evidence to the court and the other party before the hearing.

Step 5: Learn Important Terms

Before your hearing, it is important to review some keywords and phrases that you will hear at the hearing. Here are the main ones:

• Plaintiff- This is you, the person who filed the lawsuit.

• Defendant- This is the person or business that you sued.

• Service of Process- refers to the process of serving the defendant.

• Proof of Service- verification that the defendant has been served. The usual form used for this is the SC-104 Proof of Service.

• Judge-The judge will sometimes be referred to as the “commissioner.”

• Pro Tem Judge- This is a temporary judge who is normally a volunteer attorney appointed by the court.

• Bailiff- The court police officer.

Understanding these terms will make your day in court smoother.

Determine What to Wear

Wear something simple and professional; you do not need to wear a suit or buy a new outfit. You want the focus to be on your arguments and not on what you are wearing. Statement jewelry or bright colors can be distracting.

Checklist of What to Bring With You

Review the checklist of items you should bring with you to the hearing so that you have them prepared for the next day:

• Evidence:

  If your court didn’t require you to send your evidence before the hearing, bring three copies of your evidence with you to the hearing.

• Court Documents:

  While all your court documents should already be filed with the court, you should still bring a copy for yourself. The judge will have access to any documents that have been filed in your case. The most common two documents you will have are the SC-100 “Plaintiff’s Claim and Order to Go to Small Claims Court” and an SC-104 Proof of Service per defendant.

Review your SC-100 again and locate the following information on the first page that you will need handy on the day of your hearing: case number, trial date, hearing time, hearing department, and the name and address of the court.

Do Not Be Late

Leave your home with ample time. Be sure to get to the courthouse at least 20 minutes before your hearing. You’ll want to find a parking spot that allows you to park for 4 to 5 hours.

If you are late, the court will close your case, and you will likely need to start the process over by filing a new case.

Inside the Courthouse

• Can I bring my phone? You are generally allowed to bring your phone with you inside the courthouse. Just remember to put your phone on silent. You won’t be allowed to use your cell phone inside the courtroom. If you have photo or video evidence on your phone that you would like to show the Judge during your hearing, you will have to ask the Judge for permission to use your phone during the hearing.

• How Do I Find My Courtroom? Once you walk into the court, you will want to locate the department number located on your filed SC-100. If the courthouse signage isn’t clear, ask the security officers at the entrance. Once outside the courtroom, most courts print out a list of hearings scheduled for that day. If a list is provided, review the list for your case number.

Inside the Courtroom

Roll Call: Once in the courtroom, the first order of business is usually roll call. The clerk will conduct a roll call of all the cases that have hearings on that day. Make sure you listen for your name or case number so that the clerk checks you in.

If the defendant is not present, do not leave. If the other party doesn’t attend the hearing, you still have to present your case to the judge to win (you don’t automatically win).

After the roll call, the clerk will typically make a few announcements. For example, the clerk will ask the courtroom audience if anyone needs:

• to reschedule their hearing,

• an interpreter or

• hearing assistance.

Mediation

The court clerk may also mention if free mediation is available that day.

Mediation is a meeting between you and the other party which is overseen by a neutral third party (a mediator). You will discuss your case with the mediator and try to reach a mutually beneficial agreement. If you created a Trial Presentation with us, you could use your Trial Presentation to present your case to the mediator. Both parties must agree to mediation to participate.

Considering mediation? Here are some of the benefits:

• With mediation, you have more control over the process than if you present your case to a judge (there is always the risk that you lose if you present your case to a judge).

• Mediation is low-stakes. Even if you agree to mediate your case, you do not need to reach an agreement. If you do not reach an agreement, you can still have a hearing with a judge.

• Most of the time, if you decide to mediate your case, you can “skip to the front of the line” of cases that did not select mediation.

• Mediation is friendlier and even more informal than the hearing with the judge. This environment can sometimes lead to a quick resolution between the parties.

• What is said in mediation is confidential.

Pro Tem Judges

The court clerk may announce that a Pro Tem Judge is available. Pro Tem judges are volunteer attorneys acting as judges. To have a hearing with a Pro Tem judge, you and the other party must agree to have them conduct your hearing (the court clerk will have you both sign an agreement if you do agree). If either one of you doesn’t agree to a Pro Tem Judge, your hearing may be rescheduled to a different day if a real judge isn’t available that day.

Exchange of Evidence

Before the hearing starts, the court clerk may ask you and the other party to “exchange evidence.” This means you both share your evidence you have brought to court. If they do not show you their evidence, let the court staff know. If the other party brings up any evidence during the hearing that they did not show you before the hearing, you can tell the judge that you have not seen that piece of evidence.

If your court required you to submit your evidence before the hearing to the other party, then you would have completed this step before the hearing (for example, if your case is filed in LA County, you would have exchanged evidence before the hearing). If you or the other party forgot to mail your evidence before the hearing, let the court clerk know, and they may reschedule your hearing.

If you created a Trial Presentation, you would exchange your Trial Presentation with the other party.

The Swearing In

The clerk will “swear in” the courtroom audience.

At the time of the swearing-in, you will be required to stand, raise your right hand, and swear to tell the truth.

Once the Judge Walks In…

In some courts, the sheriff will require the courtroom audience to stand when the judge walks in.

Listen Carefully: The judge will explain the layout of the hearing, including where to sit and how to present your evidence.

Presenting Your Case

There will likely be other cases that also have a hearing on the same day. You will get to watch other hearings and learn the judge’s style and expectations.

Once your case is called, refer to your opening statement. Then segway into going over your case timeline and refer the judge to the evidence that supports the key events. This is where your Trial Presentation will come in handy as it has a table of contents and page numbers and organizes a case timeline. As you present your case, you will refer the judge to the different page numbers so that they follow along with you.

After you have presented your case, the judge will turn to the defendant, and they will share their side of the case.

The judge may also have follow-up questions.

Important Reminders

• Courtroom Manners: Never interrupt; if you need to respond or clarify something, wait for the right moment and ask for permission to speak. Don’t speak directly to the defendant; speak directly to the judge.

• Communication: If anything is unclear, or if you’re using an interpreter, don’t hesitate to ask the judge to repeat themselves or clarify. For example, ask the Judge, “Your Honor, would you be able to slow down so that I can understand better?”

• Take Notes: As the other party or judge is speaking, take notes so that you remember to address their points once it’s your turn to speak.

The Judge’s Decision

Some judges decide your case right away. Other judges may decide your case after the hearing. If the judge decides your case after the hearing, you will receive the court’s decision in the mail normally within 1-2 weeks and, at most, 90 days after the hearing.