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HomeMy WebLinkAbout20-074RESOLUTION EXEMPTING THE COUNTY OF BUTTE FROM THE SMALL CLAIMS ADVISORY REQUIREMENTS OF CODE OF CIVIL PROCEDURE SECTION 116.940(b) WHEREAS, Code of Civil Procedure section 116.260 requires counties to make assistance available to advise small c�laims 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(b)(1) provides that each advisory service shall provide individual personal advisory services, in person or by telephone; and WHEREAS, pursuant to Code of Civil Procedure section 116.940(c), in a county where the number of small claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscail years, the county may elect to exermpt itself from the requirements of Code of Civil Procedure section 116.940(b)^ and instead provide small claims advisory services solely through a recorded telephone message, and small claims informational booklets; and WHEREAS, on Jluly 23, 2019 the Butte County Board of Supervisors adopted Resolution No. 19-218 exempting the County of Butte from the requirements of Code of Civil Procedure section 116.91401(b) during fiscal year 20,19-20; and WHERAS,dwdng fiscal year 2019-20 the County of Butte provided smaUl cWms advisory services solely through a recorded telephone message, and small claims information booklets; and WHEREAS, imthe County ofButte, the number ofsmall claims filings im2017-2018was 419and 2O18 -2U19 was 298 for a two-year average of 358.5, which is well below the 1,000 annual filings that would require the County to provide individual personal advisory services; and WHEARAS, in the County of Butte, the number of annual smnaiQ claims filings over the last nine years averaged a ppro,ximately 540 filings per year, with a high of 812 filings in 2010-2011, and a low of 298 filings in 2018-2019; and WHEREAS, the Board of Supervisors, by this resolution, desires to claim the exemption provided in Code ofCiv0 Procedure section 116.940(c) and provide small claims advisory services in accordance with that section. NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby elects to exempt the County ofButte, from the requirements of Code mfCivil Procedure section: 116.94U/b\during athree-year period for fiscal years 2020-21, 2021-22, and 2022-23, and to instead provide small claims advisory services through a recorded telephone message and small claims informatiVnal booklets, in accordance with section 116.940(c); and 8E[TFURTHER RESOLVED that County staff will eva:luate the number of small claims actions filed annuMly during the three-year exemption period to determine if annual filings are 1,000 or less as averaged over the immediately preceding two fiscal year; and BE IT FURTHER RESOLVED that if a determination, is made that the, annual smaII claims actions filings exceed 1,000 during the three-year exemption period, County staff will return to the Board of Supervisors. vote PASSED AND ADOPTED by the Butte County Board of Supervisors this 23rd day of June, 2020, by the folllowing AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert NOES: None ABSENT: None ABSTAIN: None ATTEST: Shari McCracken, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy _4 Steve Lat hair v Butte Cou ��oard of Supervisors