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HomeMy WebLinkAbout23-066WHEREAS, Code of Civil Procedure section 116.260 requires counties to make assistance available to advise small claims litigants without charge; and WHEREAS, Code ofCivil Procedure section 1 advisory service shall be determined by each county in accordance with local needs and cond:itions; and WHEREAS, Code of Civil Procedure section 116.940/bU1) provides that each advisory service shall provide individual personal advisory services, in person or by telephone; and WHEREAS, pursuant toCode ofCivil Procedure section 1 c\ima county where the mmn7berofsmall claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscal years, the c»unty may elect to exempt itself from the requirements of Code of Civil Procedure section 116.840(b), and instead provide small claims advisory services solely through a recorded telephone message, and small claims informational booklets; and WHEREAS, onJuly 23,2U30the Butte County Board mf Supervisors adopted Resolution: No. 2U-074exempting the County of Butte from the requirements of Code of Civil Procedure section 116,.940(b) during fiscal years 2820'21, 20121-- 22, and 2022-23; and O121'22,and2O22-2S;and WHERAS, during fiscal year 20,19-20 the County of Butte provided small claims advisory services solely through a recorded telephone message, and small claims information booklets; and WHEREAS, iOthe County 8fButte, the number of small claims filings in202O'Z1was Z26 and Z02l-2Zwas 229, fora two-year average of 227.5, which is well below the 1,000 annual filings that would require the County to provide individual pansVnai|advisory services; and VVHEARAS, in the County of Butte, the number ofannual small claims filings over the last 12 years averaged approximately 466 filings per year, with a high of 812 filings in 2010-11, and a low of 226 filings in 2020-21; and WHEREAS, the Board of Supervisors, by this resolution,, desires to claim the exemption provided in Code of Civil 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 of Butte from the requirements of Code of Civil Procedure section 116.940(b) during a three-year period' for fiscal years 2023-24, 2024-25, and 2025-26, and to instead provide small claims advisory services through a recorded telephone message and small claims informational booklets, in accordance with section 116.940(c); and BE[TFURTHER RE5OLVEDLhatGountys1affvvN|eva|uatedhenuroberofona|Uclairnsactions0Uedannua|Kvduhng the three-year exemption period to determine if annual filings are 1/080 or less as averaged over the immediately preceding two fiscal years; and BE IT FURTHER RESOLVED that if a determination is made that the annual small 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 2701 day of June, 2023, by the following AYES: Supervisors Connelly, Durfee, Ritter, Teeter and Chair Kimmelshue NOES: None M. Wk I Wk. a - F-M—MA Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy Board of Supervisors