Legal Question in Real Estate Law in California

In California, can you sue a mortgage lender for non-monetary damages in small claims court? (Specifically, to get negative items removed from a credit report.) Also, if you sue in small claims court, does it prevent you from later being part of a class-action suit?


Asked on 1/24/13, 8:08 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Civil Code 1785.16 details consumer rights to dispute contents of credit-reporting agencies files on them. I did not see anything in this or the surrounding sections authorizing jurisdiction by a small claims court, nor is this type of relief within the basic jurisdiction of the small-claims courts granted under Code of Civil Procedure sections 116.220 and 116.221. There may be an obscure provision elsewhere in the statutes giving jurisdiction over this kind of dispute to the small-claims courts, but I'm not aware of it.

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Answered on 1/24/13, 8:27 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. Small claims courts have very limited jurisdiction to enter orders involving injunctive relief. The statutes that set forth that jurisdiction is Code of Civil Procedure section 116.220 and 116.221 as Mr. Whipple sets forth.

Specifically section 116.220, subdivision (a)(5) states that the court has jurisdiction for "an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief." I'm not aware of any such provision in either federal or state law.

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Answered on 1/24/13, 9:09 am


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