[1] The SmallClaims element is the intended root element of the schema. The data collected in this schema is based on CCMS V3, Release 6 requirements as well as the California Judicial Council's Small Claims SC-100, published January 1, 2007. [2] The DemandAmount element is a required decimal value. The value is the amount the plaintiff claims that the defendant owes the plaintiff. [3] The DemandReason is an optional string value. The DemandReason is the plaintiff's reasons for demanding money from the defendant. [4] The IncidentDate a required element of type date. The IncidentDate is the date on which the incident occurred or the date (or estimated date) on which the incident started. If the incident occurred over a range of dates, then the IncidentDate element must be accompanied by the IncidentEndDate. If the IncidentEndDate is not present, then this signals that the incident occurred only on one day. [5] If the date is an estimated date, then IncidentDate should be the earliest possible date and IncidentEndDate should be the latest possible date. [6] The IncidentEndDate is an optional element of type date. The IncidentEndDate must accompany the IncidentDate element in situations where the incident occurred on more than one day or where the dates are estimated. If the incident occurred on the same day, then the IncidentEndDate should be omitted. [7] The MoneyCalculation element is an optional element of type Memo, which is a string that can be larger than 255 characters. The MoneyCalculation element provides the plaintiff's explanation of how the plaintiff calculated the DemandAmount value (the demand amount and the money calculation must not include court costs and fees for service). Attribute(s) | type | use | fixed/default | MoneyNotDemandedReason | Memo | optional | None |
[8] The MoneyDemanded element is an optional element of type boolean. If set to True, the plaintiff has asked the defendant (in person, in writing, or by phone) to pay prior to the plaintiff's suit. [9] If the MoneyDemanded element is set to False, then the optional attribute MoneyNotDemandedReason must include an explanation for why the plaintiff has not asked the defendant for payment.
[10] The VenueReasons element is a container element for elements that describe the reason the plaintiff is filing the claim in the destination courthouse. The plaintiff is able to select one or more values. Accordingly, all five child elements are required and are of type boolean. [11] The VenueReasonA element maps to question 5a on the SC-100. This value should be set to True if the filer filed the complaint in the target courthouse because the courthouse covers the area (a) where the Defendant lives or does business (b) where the plaintiff's property was damaged (c) where the plaintiff was injured (d) where a contract (written or spoken) was made, signed, performed, or broken by the defendant or where the defendant made the contract. [12] The VenueReasonB element maps to question 5b on the SC-100. The VenueReasonB element must be set to True when the target courthouse covers the area where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if the claim is about an offer or contract for personal, family, or household goods, services, or loans. See Code Civ. Proc., s 395(b). [13] The VenueReasonC element maps to question 5c on the SC-100. The VenueReasonC element must be set to True when the target courthouse covers the area where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). See Civil Code, s 1812.10. [14] The VenueReasonD element maps to question 5d on the SC-100. The VenueReasonD element must be set to True when the target courthouse covers the area where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. See Civil Code, s 2984.4. [15] The VenueReasonOther element maps to question 5e on the SC-100. Unlike the other VenueReason elements, the VenueReasonOther element is optional and is a type Memo, which is a long string over 255 characters. The other VenueReason elements must be present and must be set to True or False. The VenueReasonOther element is deemed to be true if present and deemed to be false if absent. If present, the element must include text that describes the other reason(s) why the plaintiff filed the claim in the target courthouse. Attribute(s) | type | use | fixed/default | Arbitration | xsd:boolean | required | None |
[16] The AttorneyClientFeeDispute element is an optional element of type boolean. If set to True, the plaintiff's claim is an attorney-client dispute. If the element is absent or set to False, then the claim is not an attorney-client dispute. [17] The AttorneyCleintFeeDispute element includes a required Arbitration attribute. If the AttorneyClientFeeDispute element is present and set to True, then the Arbitration attribute must be set to True if arbitration has occurred or set to False if arbitration has not occurred. [18] If the AttorneyCleintFeeDispute element is set to False, then the required Arbitration attribute must also be set to False. If the optional AttorneyCleintFeeDispute element is absent, then the Arbitration attribute will necessarily be absent, in which case both values are deemed to be False. Attribute(s) | type | use | fixed/default | ClaimDate | xsd:date | required | None |
[19] The GovernmentClaim element is an optional element of type boolean. If set to True, the plaintiff filing a claim against a public entity. If the element is absent or set to False, the plaintiff is not filing a claim against a public entity. [20] If the plaintiff is filing against a public entity, the California Small Claims SC-100 states that the filer must have filed a written claim with the public entity first. If the public entity denies the claim or does not answer within the time allowed by law, then the plaintiff may file an SC-100. [21] The GovernmentClaim element includes a required ClaimDate attribute of type date. If the GovernmentClaim is equal to True, then the ClaimDate must be the date on which the plaintiff filed a written claim with the public entity. [22] If the GovernmentClaim element is set to False, then the required ClaimDate attribute can include any value and should be ignored by the receiving application. If the GovernmentClaim element is absent (and deemed False), then the ClaimDate attribute is necessarily also absent. [23] The FrequentFiler element is an optional element of type boolean. If set to True, the plaintiff has filed more than 12 small claims in California within the past 12 months. If the element is absent or set to False, the plaintiff has not filed 12 small claims in the last 12 months in California. [24] The AutomobileAccidentRelated element is an optional element of type boolean. If set to True, the small claims complaint is related to an automobile accident. If the element is absent or set to False, the small claims complaint is not related to an automobile accident. |