Kern /divisions/civil-and-small-claims

Source: https://www.kern.courts.ca.gov/divisions/civil-and-small-claims

Civil and Small Claims

Civil Court Information

The Judicial Council's website has extensive information on different types of civil cases.

Small Claims - Cases up to $12,500.00 (brought by a natural person)

Limited Jurisdiction - Cases up to $35,000.00

Unlimited Jurisdiction - Cases for more than $35,000

Abuse and Harassment, including Gun Violence (for Domestic Violence and Elder Abuse see Family Law page)

Eviction (Unlawful Detainer)

Gender Changes (petitions involving minors under guardianship should be filed in the court where the guardianship is pending)

Name Change (petition involving minors under guardianship should be filed in the court where the guardianship is pending)

Alternative Dispute Resolution (ADR)

Kern County Superior Court believes ADR can be helpful for every case. The Court encourages parties to use ADR to resolve their disputes

Overview, types of ADR, when to use ADR, ADR resources, and more on the Kern County Superior Court ADR page.

ADR Information

Small Claims

The purpose of the small claims court is to resolve minor civil disputes quickly, inexpensively, and fairly. The rules are simple and the hearing is informal. You may ask a lawyer for advice before or after the hearing but you may not have a lawyer at the hearing. The person who sues is the plaintiff. The person who is being sued is the defendant.

In the state of California, an individual may sue for an amount up to $12,500. Businesses and other organizations may sue for an amount up to $6,500. A limited number of claims may be filed per calendar year under the amount of $2,500 each. Only two claims of more than $2,500 may be filed per calendar year.

Code of Civil Procedure Chapter Five sections 116.110–116.910 contains the law pertaining to Small Claims Court.

Special Accommodations

If you have a disability and need assistance, please ask the court to help accommodate your needs. If you have a hearing impairment and need assistance, please notify the court.

CIVIL COURT LOCATIONS

Metro Justice Building

1215 Truxtun Ave

Bakersfield, CA 93301

(661) 610-6000

Delano

1122 Jefferson St

Delano, CA 93215

(661) 610-7300

Lamont

12022 Main St

Lamont, CA 93241

(661) 610-7100

Mojave

1773 State Highway 58 Business

Mojave, CA 93501

(661) 610-7400

Ridgecrest

132 E Coso Ave

Ridgecrest, CA 93555

(661) 610-7450

Shafter

325 Central Valley Hwy

Shafter, CA 93263

(661) 610-7200

Email questions to Civil and Small Claims

File at Home - Small Claims

Copy requests must be submitted through the Document Requests Link below.

Document Requests

Instructions for Submitting Document Requests

Small Claims Advisor

The Small Claims Advisor is employed by the court and can explain the basic steps involved in small claims actions. Services are offered at no cost on a first-come, first-serve basis. You may call the Small Claims Advisor at (661) 610-6518.

Community Mediation

The court provides a community mediation program that is designed to resolve disputes before or after court documents have been filed. Trained mediators will work with both parties to try to reach a satisfactory settlement. It is a good idea to try mediation before filing documents as it may result in a faster settlement at no cost. Bilingual English/Spanish mediators are available. For more information, contact:

BBB Mediation Center of Kern County

1601 H Street Ste. 101

Bakersfield, California

(661) 616-5252 or (800) 675-8118 ext. 300

Filing A Small Claim

This is the proper court to file a lawsuit, if one of the following statements is true:

A defendant lives in Kern County, or, if the defendant is a business, its principal place of business is Kern County.

Click here for information on naming a business

Fictitious Business Names in Kern County.

Plaintiff was injured or personal property was damaged in Kern County.

A defendant signed or entered into a contract in Kern County, a defendant lived in Kern County when the contract was entered into, a contract or obligation was to be performed in Kern County, or, if the defendant is a corporation, the contract was breached in Kern County. Click here for information on corporations

Small Claims Filing Options

E-Filing Small Claims documents may be done through Electronic Filing Service Providers (EFSP). Click here to E-File.

In person at the Courthouse where your claim is to be heard.

By mail to the appropriate Courthouse. Provide the original Plaintiff’s Claim and Order plus one (1) copy for each Defendant and you. Provide a self -addressed stamped envelope so the Clerk can mail copies back to you.

Small Claims Night Court

Requirements

You must request Night Court from the Small Claims Court Clerk when you file your case.

Small Claims Night Court Location:

3131 Arrow St

Bakersfield, CA 93308

Time: 5:15 PM

Duration: Approximately 1 to 1½ hours depending on the number of cases.

What to Bring: Any witnesses or exhibits (evidence)

Payments: No payments made that night

Resources

Agencies

Better Business Bureau Mediation Center of Kern County

1601 H Street, Suite 101

Bakersfield, CA 93301-5133

Inquiries & Complaints: (661) 322-2074

CA Dept. of Consumer Affairs - Bureau of Automotive Repair

4801 District Boulevard

Bakersfield, CA 93313

(661) 833-6304

California Department of Industrial Relations

Labor Standards Enforcement, Bureau of Field Enforcement

Wage Claims and Adjudication

5555 California Avenue

Bakersfield, CA

(661) 395-2710

California Contractor's State License Board

Licensing-Consumer Information

1601 New Stine Road, Suite 182

Bakersfield, 93309

(661) 834-5441

Headquarters: Information Technicians (916) 255-3900 or 800-321-CSLB

California Court Self-Help Center

Kern County Fictitious Business Names

Law Library

Kern County Law Library

Superior Court, 1415 Truxtun Avenue, 3rd Floor - Room 301

Bakersfield, CA 93301

(661) 868-5320

Ask the librarian to direct you to the Small Claims Court law resources, such as the "Consumer Law Sourcebook for Small Claims Court Judicial Officers," a three-volume set published by the State of California Department of Consumer Affairs in 1996. These books as well as other Small Claims Court source materials are kept at the librarian's desk.

Legal Services

Greater Bakersfield Legal Assistance, Inc.

615 California Avenue

Bakersfield, CA 93304

(661) 325-5943

Kern County Bar Association

1675 Chester Avenue, Suite 220

Bakersfield, CA 93301

(661) 334-4700

Small Claims Advisor

1215 Truxtun Avenue, 1stFloor

Bakersfield, CA 93301

661-610-6518

State Bar of California

San Francisco (Main Office)

180 Howard Street

San Francisco, CA 94105-1639

(415) 538-2000

Los Angeles

1149 South Hill Street

Los Angeles, CA 90015-2299

(213) 765-1000

Complaints about attorneys: (800) 843-9053

Consumer pamphlets: (415) 561-8280

Sheriff

Sheriff's Department, Civil Division

5251 Office Park Dr, Bldg 300

Bakersfield CA 93309

(661) 635-1300

Additional Information

Small Claims Guide - Department of Consumer Affairs

California Courts Judicial Branch Small Claims

List of Court Civil Trust Funds

Please note that some records may have fields that are not provided based upon California Rules of Court 2.503. Some additional case details may be available to eligible parties through the Superior Court of California, County of Kern portal

Court Filing Fees

If you cannot afford the fees, obtain a Fee Waiver packet from the small claims court clerk or at Judicial Council Self-Help.

Information Sheet on Waiver Of Court Fees and Costs (FW-INFO)

Request to Waive Court Fee (FW-001)

Order on Court Fee Waiver (FW-003)

Forms

In Person

All Civil Units are open Monday through Thursday from 8:00 AM to 4:00 PM, and 8:00 AM to noon on Fridays. You may pick up a small claims forms packet by coming to the court. If you are filing a new Small Claims case, please arrive at the court no less than 30 minutes before closing.

List of Forms and Instructions

Plaintiff's Claim and Order to Go to Small Claims Court

For all other Small Claims forms and information, visit this page.

When returning your completed forms, you must provide along with the original, one copy for each plaintiff and defendant and a self-addressed stamped envelope or place a note on your documents that you will pick them up in will-call. You will not be called to pick up your paperwork.

Civil and Small Claims FAQs

What courtroom is my matter going to be heard in?

Look for your name on the docket monitor located in the lobby. Names appear in alphabetical order. Due to confidential matters, not all cases are visible on the monitor(s) so proceed to the Clerk’s window if you have difficulty locating your case.

Can the clerks give me Legal Advice?

No. There is a Self Help Center located at 1215 Truxtun Avenue, 1st Floor. There is also a Law Library and the Landlord Tenant Assistance Center (LTAC) located at 1415 Truxtun Avenue, 3rd Floor.

What if I cannot afford to pay my filing fee?

You may ask the Clerk for a Fee Waiver Application and Order or you may find the form online: Request To Waive Court Fees

What time should I arrive for my hearing?

You should arrive at least 15 minutes prior to your hearing. Allow yourself enough time to park and enter the court location you are visiting. If you are visiting the Downtown Campus, please allow enough time for congested traffic areas and the train.

Where do i file my Unlimited Civil Complaint/Petition?

If damages sought are over $35,000.00 file your claim at the Metropolitan Justice Courthouse.

Can I get forms online?

Yes, go to the Judicial Branch of California's site.

How do I file a Small Claims?

There are a few different ways to get your forms to begin the Small Claims process. Regional locations still offer packets at the civil window. Forms are also available at the Judicial Branch of California's site. Venue depends on where the defendant resides or where the action occurred. Filing fees vary and depend upon the prayer amount (demand amount) of the suit. A Small Claims action cannot exceed $12,500.00. For assistance, please contact the Small Claims Advisor located at 1215 Truxtun Avenue, 1st floor or at 661-610-6518.

How do I file a Civil Harassment?

Civil Harassment packets are available free of charge at most counters where Civil filings are accepted. If you are at the Metropolitan location at 1415 Truxtun Avenue, please visit the Law Library on the 3rd Floor for assistance. Packets are available at the Civil Window at the Metropolitan location. The fee for filing is $435.00 unless the Temporary Restraining Order (TRO) is granted by a Judicial Officer. If the TRO is granted, the fee to file is waived.

How do I file for Change of Name?

Petition for Name Change packets are available and free of charge at any counter where Civil filings are accepted (petitions involving minors under guardianship should be filed in the court where the guardianship is pending). For assistance, please visit the Law Library located at 1415 Truxtun Avenue, 3rd floor. The fee for filing is $435.00.