Small Claims Court, Case Files, Public Access
Q: Are the case files for small claims courts cases were judgments are awarded available for review by the public? If so, can you please provide me with the authority? Can you refer me to a website were I can do more research on this subject?
A: Unless the records you seek are sealed (in which case you can file a motion to unseal), or unless they fall under certain categories protected from disclosure (e.g., juvenile court records), the court may not deny you access to civil court records, including small claims court records. In NBC Subsidiary (KNBC-TV) v. Superior Court, 20 Cal. 4th 1178, 1208-09 n.25 (1999), the California Supreme Court stated that there is a constitutional right of access not only to civil proceedings, but also to pleadings filed in civil cases. In a California decision quoted by the Supreme Court with approval, the Court of Appeals explained that “[b]oth the federal … and the state … Constitutions provide broad access rights to judicial hearings and records. A lengthy list of authorities confirms this right in general . . . both in criminal and civil cases.” Copley Press, Inc. v. Superior Court, 6 Cal. App. 4th 106, 111 (1992) (emphasis added) (quoted in part in NBC Subsidiary, 20 Cal. 4th at 1208 n.25).
With regard to your request for information on any websites containing information on this specific subject, unfortunately, I am not aware of any.