AB 712 - Clarifies Small Claims Court’s Jurisdiction to Grant Injunctive Relief

Feldsott & Lee
A Law Corporation

Assembly Bill 712 (hereinafter “AB 712”) provides that small claims courts have jurisdiction to grant injunctive relief (i.e., a court order to act or to refrain from acting) when such relief is expressly authorized by statute. The purpose of AB 712 is to ensure consistence and clarity between the Small Claims Act and statutes that independently authorizing the small claims court to provide injunctive or equitable relief.

Several statutory provisions affecting common interest development associations explicitly provide the small claims court with jurisdiction to grant equitable relief in particular cases. However, the general small claims court jurisdictional statute does not cross-reference those provisions or provide the small claims court with the general ability to award equitable relief. As a result, there has been some confusion about the small claims court’s jurisdiction. AB 712 clarifies that small claims courts have jurisdiction to order injunctive or other equitable relief when another statute expressly authorizes the small claims court to award such relief.