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CIVIL PROCEDURE SECTION 116.940(b)
WHEREAS, Code of Civil Procedure section 116.260 requires counties to make assistance available to advise small
claims litigants without charge; and
WHEREAS, Code of Civil Procedure section 116.940(a) provides that the characteristics of the small claims advisory
service shall be determined by each county in accordance with local needs and conditions; and
WHEREAS, Code of Civil Procedure section 116.940/h\(1) provides that each advisory sen/ice shall provide
individual personal advisory services, in person or by telephone; and
WHEREAS, inthe past, the County contracted with local attorney Douglas Day for the provision of small claims
advisory services to Butte County residents, and that manner ofsatisfying the County's statutory obligation: continued
until Mr. Day's recent passing; and
WHEREAS, Code of Civil Procedure section 1I6�.940(c) provides that in a county in which the number mfsmall
claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscal years, the county may
elect to exempt itself from the requirements of Code of Civil Procedure 116.940(b�)' and instead provide small claims
advisory services solely through a recorded telephone message, and small claimis informational booklets; and
WHEREAS, imthe County of Butte,the number mfsmall claims filings im2Q16'2O17was 4O]Land 2017-2O18was
41B,for atwo-year average of 410which iswell below the 1,O00 annual filings that would require the County toprovide
individual personal advisory services; and
WHEREAS, the Board of Supervisors, by this resolution, desires to claim the exemption, provided in [ode of Civil
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors, hereby elects to exempt the
County of Butte from the requirements of Code of Civil Procedure section 116.940(b) during fiscal year 2019-20, and to
instead provide small claims advisory services through a recorded phone message and informational booklets in
accordance with, section 116.940(c).
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23'd day of July, 2019, by the following vote:
AYES: Supervisors Connelly, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT: Supervisor Lucero
NOT VOTING:
Steve Lambe'a"i r
Butte Coy of Supervisors
ATTEST:
Shari McCracken, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Deputy