Commissioners - Administrative - Traffic - Small claims

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Court Commissioners

The law GC. 53069.4 is unclear. The cities are taking advantage. The courts ignore the problems.

While the law was patterened after parking citation law, administrative citations by cities share little common ground with a parking citation in reality.

What is clear is that administrative citations are: not small claims cases, are not traffic citation infractions, are not parking citation infractions.

Administrative citation issues may or may not be infractions. What kind of infraction? Penal? Administrative? Civil? Who knows?

Just becasue a city cites a person who commits murder $100 does not mean the violation qualifies as an infraction. Additionally, nowhere is there case law that states how administrative 'civil citations' fit into penal infraction law. This all folds into who may adjudicate the civil action and who may "hear and determine" the civil case and who may "render judgment."

Administrative citations when reclassified to civil court are limited civil cases by law. Limited Civil Jurisdiction permits discovery as a matter of right. (Chavez v. City of Los Angeles, 224 P.3d 41, 47 Cal. 4th 970, 104 Cal. Rptr. 3d 710 (2010)) p.989.

Government code 53069.4 (b)(3) "(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court."

What that test says to us is that an SJO "subordinate judicial officer" may conduct a hearing. Nowhere in that law does it state one of the nine different SJO types can render your adminisrative citation judgment in limited civil jurisdiciton.

Nowhere in this code does it use the words: "hear and determine" or "render judgment."

See CCP. 259

It appears that a commissioner, with your permission, may act as your judge. Again, with your permission. Don't be fooled, don't give permission.

(d) Act as temporary judge when otherwise qualified so to act and when appointed for that purpose, on stipulation of the parties litigant. While acting as temporary judge the commissioner shall receive no compensation therefor other than compensation as commissioner.

Otherwise they act as a "referee" of sorts and report their findings to a judge.

(b) Take proof and make and report findings thereon as to any matter of fact upon which information is required by the court. Any party to any contested proceeding may except to the report and the subsequent order of the court made thereon within five days after written notice of the court’s action. A copy of the exceptions shall be filed and served upon opposing party or counsel within the five days. The party may argue any exceptions before the court on giving notice of motion for that purpose within 10 days from entry thereof. After a hearing before the court on the exceptions, the court may sustain, or set aside, or modify its order.

See California Judges Benchguide 34 - Small Claims
See California Judges Benchguide 82 - Traffic Court Proceedings

No bench guide exists regarding adjudicating Local Agency Administrative Citations.

Fines exceeding $300,000 have been issued. Discovery has been permitted in many cases now: See Wang v. City of Sacramento Police Dept., 68 Cal. App. 5th 372 (Ct. App. 2021). Download the judges orders in download section regarding discovery.