Small Claims Trial Check List

When ex-residents are suing for security deposit with-holdings

1. Contact the owner of the property to advise of the court date scheduled; not necessary for the owner to appear in most counties (however if the owner disbursed the security deposit or did their owner work, it would be recommended they attend)
2. Print a copy of the original security deposit breakdown (and any revisions if applicable)
3. Print a copy of the M1 notepad
4. Review the prior dispute letter from the resident if applicable along with our response and confirm if any adjustments were needed
5. Print a copy of the rental agreement
6. Print a copy of the latest rental modification (if applicable)
7. Print a copy of the notice to vacate (resident notice given or M1 notice given to resident)
8. Print a copy of the resident move out instructions letter (if applicable)
9. Print a copy of the resident move-in inspection form (if applicable)
10. Print a copy of the resident pre-move out inspection form (if applicable)
11. Print a copy of the PCR (Property Condition Report) of the FWT (First Walk Through) after the resident vacated
12. Print a copy of the PCR (Property Condition Report) of the FINAL before the resident moved in (if applicable)
13. Print a copy of all invoices of the rehab work that was completed prior to move in (if applicable)
14. Print a copy of all invoices for the rehab work that was completed to substantiate the charges on the security deposit disbursement
15. Print a copy of all invoices completed during tenancy should there be any disputes of work being done while the resident occupied the property
16. Print a copy of all photos that show damages by the resident to substantiate the charges
17. Print a copy of all photos prior to the resident move in to show condition of the property (if available)
18. Print a copy of any other pertinent information that may apply to the resident’s claim
19. Place in the Tickler, to contact the owner, the day before the trial, to confirm they will be available by phone, if they are not present in court that day, in the event a settlement is possible

Package all documents for final review no later than 10 days prior to the scheduled hearing. Submit package to supervisor for approval.

First, sign in with the clerk. Then sign the authorization to represent a business form (Form SC109) and turn it in to the clerk.

You will be asked to go to mediation to exchange all documents and attempt to settle the case. During mediation, you will be asked to respond to the resident’s claims (after he/she presents the case). Use the documents 2 through 19 to support your claims and provide proof. You may be authorized up to $250.00 to settle the case without the owner’s permission or contact the owner while in mediation to confirm if the owner wishes to settle if a higher amount is requested should you not have prior owner approval.  If the owner (or resident) does not wish to settle, you will be heard by the judge to present all evidence and the judge will make the final decision.

Tip: take note of how the plaintiff presents the case to the court-appointed mediator, he/she will most likely present the case the same way to the judge. Organize the paperwork above (2-19) in the order relative to the resident’s specific claims, that way you are ready to respond in a professional matter when presenting to the judge. Any documents being used to support your case need to be labeled with a "D" for "Defendant" on the top right corner.

When you are called to present your case to the judge:

1. Keep it short and sweet. Be precise and concise, make sure to provide proof with any of the declarations you make. Use the defendant labeled documents (2-19) to support your claims.
2. Do not speculate and do not mention conversations unless they are in writing and you have copy of the emails with you. Try to stick to just referring to the company’s policies to present the company as equitable to all residents.
3. You may call a witness if you are lacking documents or information. The property inspector may be a witness if there is something pertinent to the case for which you have no documentation.  If you need to subpoena a witness, use form SC 107.

The judge may ask to keep some of the documents presented to him in court (labeled P (Plaintiff) or D (Defendant)), make sure you take only copies of documents (2-19).

Most of the time, the judge will take the case under submission and mail out his decision within 48 hrs.

1. Update the court outcome into the property notes in M1 Software
2. Contact the owner of the property and update the outcome of the court trial (If a decision is being sent by mail, tickler for 1 week). If funds are needed from the owner, request at that time to remit within 5 days.
3. Tickler for the projected follow up date based on the outcome (if applicable).

The information discussed in this manual and any Chapter, Article, Section, or reference thereof, which is included within it, is not intended to be given as legal advice. The publication of this material is only given in reference to discuss topics of concern and to bring them to the attention of the reader. Should the reader of the said materials have any questions regarding any of the content within this manual or its parts, as it relates to your business activities or interests, is highly recommended to seek legal advice from a licensed practitioner and to address them solely with their own appointed legal council.

The content and reference material included herein is based on the Statutes and Regulations of the State of California. The M1 Licensed Operating System, its owner, and or it affiliates, by way of publication of this material, is not to be regarded (in any way, form or context), as giving legal advice, nor endorsing the practice of law without a license, and highly recommends that any reader of the said material should seek their own legal advice and representation from a duly licensed law practitioner of the State for which applies to them.