Legal Question in Business Law in California

business law

what kind of disputes can i take to small claims court


Asked on 9/09/07, 5:46 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: business law

If you're an individual -- rather than a business -- any money dispute of $7500 or less.

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Answered on 9/09/07, 5:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: business law

The jurisdiction of the California Small Claims Court is limited in two ways: (1) the maximum monetary claim it can allow is $7,500in an action brought by a natural person ($5,000 if brought by any other type of plaintiff), plus certain costs of suit; and (2) it has limited powers to award relief other than money damages, such as equitable remedies (rescission, restitution, reformation and specific performance).

The Small Claims Court can hear cases where the damages are more than $7,500, but the plaintiff must waive the amount in excess of the Court's jurisdiction. The waiver is effective upon granting judgment for the plaintiff.

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Answered on 9/09/07, 6:19 pm


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