(a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the filing of a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required.

(b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice.

(c) For purposes of this section, “fictitious business name” means the term as defined in § 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in § 17913 of the Business and Professions Code.

(Amended by Stats. 1991, Ch. 915, Sec. 12.)