(a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action.

(b) A minor or incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed.

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Terms Used In California Code of Civil Procedure 116.410

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17

(Amended by Stats. 2004, Ch. 171, Sec. 1. Effective January 1, 2005.)