Legal Question in Civil Litigation in California
If I have a more than one claim to file in small claims court and the defendant is the same person may I file them separately?
Ex.
1) Cash borrowed and unpaid by defendant
2) Rented car with credit card defendant promised to repay me for rental and has not
3) Purchased phone and accessories for defendant with the condition that defendant would repay me for the total costs of all items including phone. Defendant is
1 Answer from Attorneys
Your post was cut off. I'll answer the parts you have posted.
A plaintiff in small claims court may not sue on what is part of a single claim. (Lekse v. Municipal Court (1982) 138 Cal.App.3d 188, 194.) Additionally, a judgment for a plaintiff in small claims court has res judicata effect. Neither a plaintiff nor his assignee may sue again on the same claim or cause of action tried in the small claims court. (Pitzen v. Superior Court (2004) 120 Cal.App.4th 1374, 1381.)
The additional danger of claim splitting is that no one may file more than two small claims actions for more than $2,500 in the same calendar year, anywhere in the state. (Code of Civ. Proc., sect. 116.231.) That last rule may slip by a defendant who was sued once, but would not slip by him on the next go around.
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