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Those consumers that feel they have been wronged by another individual or business can sue in small claims court. In the state of California a litigant plaintiff commences a small claims action by filing a claim, under oath, with the clerk of the small claims court, in person, by mail, by facsimile transmission if authorized by CCP §1010.5, or by electronic means if authorized by CCP §1010.6. CCP §116.320(a). Another resourse is to complain about customer service on line. A litigant can use Judicial Council form SC-100. When the claim is filed, the clerk must schedule the case for hearing, and issue an order directing the parties to appear at the hearing with witnesses and documents to prove their claim or defense. The case must be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order. CCP §116.330(a). Based on information provided by a Long Beach Attorney, service of the claim and order may be made by any of the following methods:
¿ Mailing by the
clerk by any form of mail requiring a return receipt.
CCP §116.340(a)(1).
¿ Personal
delivery by someone other than the plaintiff. CCP
§116.340(a)(2).
¿ Substituted
service in accordance with CCP §415.20 without
attempting personal service. CCP
§116.340(a)(3). No due diligence
is required with substituted service in a small claims
court action.
Cal Rules of Ct 3.2102.
¿ Mailing by the clerk in accordance with CCP
§116.330(b). CCP
§116.340(a)(4).
Service of the small claims lawsuit must be made within California, except as provided in CCP §116.340(f) (nonresident real property owners) and in CCP §116.340(g) (nonresident motorists). CCP §116.340(e). See §34.8.Proof of service of the claim and order must be filed with the small claims court at least five days before the hearing. CCP §116.340(c); see Judicial Council forms SC-104 (proof of service), SC-112A (proof of service by mail). Various websites exist to talk about negative experiences with businesses, good restaurant experiences, bad food experiences etc. the A cross-claim (see Judicial Council form SC-120) must be filed and served in the manner for filing and serving a plaintiff’s claim under CCP §§116.330 and 116.340. CCP §116.360(b). The defendant must serve the plaintiff with a copy of the cross-claim and order at least five days before the hearing date, unless the defendant was served ten days or less before the hearing date. CCP §116.360(c). In such event, the defendant must serve the plaintiff at least one day before the hearing date. CCP 34–11 Small Claims Court §34.8 §116.360(c). But a cross-claim is not compulsory; if the defendant fails to allege the cross-claim in response to the plaintiff’s claim, the defendant is not prevented from filing the claim later in a civil action
