Legal Question in Appeals and Writs in California

My son won the maximum payout ($10k) in small claims court. Can he continue to go after the defendant for additional monies?


Asked on 11/18/15, 9:31 am

2 Answers from Attorneys
James Goff James R. Goff, Attorney at Law

Nope. Once he elects to the limits of small claims court that's his recovery. Good luck.

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Answered on 11/18/15, 11:32 am
Edward Hoffman Law Offices of Edward A. Hoffman

No, unless the new claim is about different facts. If the defendants wronged him twice and the small-claims case concerned only one incident, it won't block a lawsuit about the other. But it will block a second lawsuit about the same incident.

The rules are not as simple as my answer suggests, since it's not always easy to draw the line between claims which are too closely related and those which aren't. If your son has doubts, he may want to discuss his situation with a lawyer.

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Answered on 11/18/15, 1:21 pm


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